[HUKUM JAMINAN] HAK TANGGUNGAN

Summary

In this video, Isyana Kusuma Ayu explains the concept of mortgage rights, a form of collateral related to land and fixed objects. She explores the relationship between mortgage law and civil law, highlighting key principles such as creditor priority, indivisibility, and the protection of the debtor. The video covers the legal framework of mortgage rights in Indonesia, including the principles of registration, publicity, and execution. It also discusses the process of eliminating mortgage rights, either through the elimination of debt or release by the holder. Viewers gain insights into the legal structure and implications of mortgage rights in land law.

Takeaways

• 😀 Mortgage rights are a form of collateral involving land or fixed objects, regulated by the Pea Law and Civil Law.
• 😀 The mortgage law of 1996 replaced the Dutch colonial products of mortgages and credit verbands, which were no longer valid after the national land law was established.
• 😀 Mortgage rights prioritize creditors over other creditors when repayment is involved.
• 😀 Mortgage rights cannot be divided. The entire object is burdened until the full debt is repaid, with no partial release of the mortgage.
• 😀 Only certain land rights can be attached to mortgage rights, such as ownership, building use, or business use rights.
• 😀 Objects related to land, such as buildings or plants, can be used as collateral along with the land.
• 😀 The mortgage follows the land, meaning it stays with the land regardless of changes to the property (droit de suite).
• 😀 Mortgage rights are accessory agreements, meaning they are supplementary to the main contract.
• 😀 The object of a mortgage right must be registered at the Land Office to be legally valid and enforceable.
• 😀 Mortgage rights can be eliminated by the release of the debt, release of the mortgage by the creditor, or removal of land rights burdened by the mortgage.

Q & A

What is the primary focus of the script regarding mortgage rights?

The script primarily discusses mortgage rights as a form of collateral in land or fixed objects, their regulation under Indonesian law, and the principles that govern them.

What is the relationship between mortgage rights and the Pea Law?

Mortgage rights are regulated by the Pea Law, specifically Article 51, which replaced the older Dutch colonial systems of land mortgages and credit verbands with the mortgage law of 1996.

Why were the previous systems of mortgages and credit verbands replaced?

The previous systems were considered inadequate as they did not align with national land law principles and failed to accommodate the evolving mortgage credit world.

What is defined as 'mortgage rights' in the context of this script?

Mortgage rights, as defined in Article 1, Paragraph 1 of the mortgage law, involve a right to guarantee repayment of certain debts using land or fixed objects as collateral, with priority given to creditors over others.

What are the key principles of mortgage rights as mentioned in the script?

Some key principles include: priority for creditors, indivisibility of mortgage rights, limited to existing land rights, inclusion of related objects such as buildings, and the rights following the object wherever it goes.

Can mortgage rights be divided into parts or applied to only a portion of the collateral object?

No, mortgage rights cannot be divided. The entire collateral object is subject to the mortgage, and partial payments do not release portions of the object.

What types of land rights can be attached to mortgage rights?

Mortgage rights can only be applied to land that is attached to ownership rights, building use rights, or business use rights.

What does the principle of 'droit de suite' refer to in the context of mortgage rights?

'Droit de suite' means that mortgage rights follow the collateral object, meaning they remain valid even if the object is transferred or changes ownership.

What is required for the mortgage right to be valid and enforceable against third parties?

For a mortgage right to be valid and enforceable against third parties, it must be registered at the Land Office, as per the principle of publicity outlined in Article 13 of the mortgage law.

How can mortgage rights be eliminated or terminated?

Mortgage rights can be eliminated through the cancellation of the debt secured by the mortgage, the release of mortgage rights by the creditor, or the elimination of land rights that were burdened by the mortgage.