CD Skripsi

Kajian Terhadap Pengalihan Cessie Yang Tidak Berdasarkan Undang-Undang Republik Indonesia Nomor 4 Tahun 1996 Tentang Hak Tanggungan Atas Tanah Beserta Benda-Benda Yang Berkaitan Dengan Tanah (Studi Kasus Antara Pt. Bank Jtrust Indonesia Tbk, Pt. Asuransi Sinar Mas Tbk, Pt. Maneo Capital Indonesia Dan Pt. Jtrust Investments Indonesia)

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ABSTRACT
Mortgage rights are security rights that are imposed on land rights as
referred to in Law Number 5 of 1960 concerning Basic Agrarian Regulations,
including or not including other objects that are an integral part of the land, for
the settlement of certain debts, which gives priority to certain creditors over other
creditors as regulated in Law Number 5 of 1960 concerning Basic Agrarian
Regulations (UUPA), Article 1 point (1) of Law of the Republic of Indonesia
Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land
(UUHT). However, the existence of the deed of agreement for the transfer of
receivables will not be binding or will give any legal consequences to cessus
(debtor) if the cessus (debtor) transfer of receivables has not been notified to
cessus (debtor) or in writing is not recognized or approved by cessus (debtor as
well as the transfer). Mortgage rights must be registered by the new creditor to
the land office as referred to in Article 16 paragraph 1 UUHT. Based on these
problems the author is interested in knowing first, what is the reason for the
transfer of land rights between PT. Bank Jrust Indonesia Tbk, PT. Asuransi Sinar
Mas Tbk. and PT. Maneo Capital Indonesia?Secondly, what can be done by the
aggrieved party regarding the transfer of land rights between PT. Bank Jrust
Indonesia Tbk, PT. Asuransi Sinar Mas Tbk and PT. Maneo Capital Indonesia?
This type of research is classified as a sociological legal research. In
normative legal research, the data sources are primary data sources and
secondary data sources consisting of primary legal materials, secondary legal
materials and tertiary legal materials. The collection of normative legal research
data uses data collection techniques by means of interviews, questionnaires and
literature studies. The data obtained through the literature study will be analyzed
qualitatively. In drawing conclusions, the author uses deductive thinking methods,
namely a way of thinking that draws conclusions from a general statement or
proposition into a specific statement.
Based on the results of research and discussion, it can be concluded. First;
Transfer of Mortgage on land on a cessie basis between PT. Bank Jrust Indonesia
Tbk, PT. Asuransi Sinar Mas Tbk and PT. Maneo Capital Indonesia does not
comply with UUHT provisions because first there is no notification to debtors
regarding cessie. In the cessie, the law requires the creditor to notify the debtor or
in writing it is approved and acknowledged by the debtor (Article 613 paragraph
2 of the Civil Code). In addition, the transfer was also not registered with the
local land office. Juridically, the non-fulfillment of the notification and
registration elements of the transfer of mortgage rights over land rights causes
the transfer of receivables to be deemed not to have occurred.
Keywords: Transfer – Mortgage – Cessie - Law

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0145)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0145)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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