Logo
International Journal of
Law
ARCHIVES
VOL. 8, ISSUE 4 (2022)
Juridical review of the executorial power of the encumbrance certificate on the granted land object that has been canceled by the decision of the syar'iah court
Authors
Wildan Dinullah, Ilyas, Teuku Muttaqin Mansur
Abstract
According to Article 6 of Law Number 4 of Encumbrance Rights, the debtor who breaks the promise has the right to sell the object of the Encumbrance under his power. In reality, however, many obstacles appeared during its execution process, one of those was the transfer of land rights due to the cancellation of parental grants to children based on the decision of the Syar'iah Court. Thus resulted the position of the Encumbrance Certificate became unclear. This study aimed to examine and analyze the legal consequences of the land grants cancellation that has been charged with Mortgage in the bank credit agreement, examine and analyze the executorial power of the Encumbrance Certificate in fulfilling the parties' rights which were bound under the guarantee with the Mortgage that the object has canceled its ownership, as well as reviewing and analyzing legal remedies that creditor could take against the object of guarantee of Mortgage from the grant which has been canceled by the Syar'iah Court. This type of study is normative juridical research using a statutory approach, conceptual approach, and case approach. Data were collected through library research and field research, which were then analyzed qualitatively. Results of the study showed that based on the characteristic of droit de suite, the Encumbrance Certificate still has executorial power despite having a land grant object that has been canceled by the court, yet the Encumbrance Certificate holder can still execute the collateral object. Therefore, it is recommended to the holder of the Encumbrance Certificate continue to execute the collateral object even though the court has canceled the grant deed.
Download
Pages:111-114
How to cite this article:
Wildan Dinullah, Ilyas, Teuku Muttaqin Mansur "Juridical review of the executorial power of the encumbrance certificate on the granted land object that has been canceled by the decision of the syar'iah court". International Journal of Law, Vol 8, Issue 4, 2022, Pages 111-114
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.