Juridical Analysis Of The Rental Process Of The Object Of Liability To Realize Legal Certainty (Research Study At PT.Bank Mestika Dharma, Tbk In Batam City)

Law

In the lease agreement, several problems often arise where the object of the mortgage is still under the guarantee of the Bank, issues regarding the rights and obligations of both the lessee and the lessor, namely the ownership of the object being leased, whether it really belongs to the party who rents it out or belongs to a third party who owns it. provide legal protection for building tenants who stand on the executed Mortgage object and examine the legal position of the building tenant on the executed Mortgage object, so that the rights of the tenant can be known. The writing of this thesis uses a normative juridical approach by searching for data or information that already exists and is descriptive of an analysis that systematically explains the house rental agreement whose object is guaranteed at the Bank. The results of this study are that the lessee should be able to occupy the object of the lease until the end of the lease period according to Article 1576 BW which contains the rule that with the sale of the leased goods, a lease made previously, is not decided unless this has been agreed upon at the time of leasing the goods. Then the position of the third party can still occupy the house until the end of the lease period ends because the creditor (Bank) cannot directly auction the object of collateral because there must be a permanent determination from the Court, if the debtor defaults to the creditor (Bank)

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