JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)

November 2023
Vol-9, Issue-6
Paper ID: 22000
ISSN: 2395-4396
Downloads: 0

Abstract & Details

Research Area
Law
Keywords
Land Rights Holder Mortgage right Legal protection Administrative Defects
Abstract
One of the rights given to land rights holders regarding the land they control is to guarantee land rights for certain debts with the burden of a Mortgage. Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations regulates that land rights that can be used as collateral for debts burdened with Mortgage Rights are Ownership Rights, Business Use Rights, Building Use Rights and Use Rights on State land and above Management Rights. However, land rights that are subject to mortgage rights as explained above have the potential to be canceled due to administrative defects. Land that is canceled due to administrative defects has the consequence of erasing land rights as well as severing legal relations with the legal subject of land rights themselves as regulated in Article 18 of Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects Related to It. Land. This research aims to determine the legal protection for creditors holding collateral rights for collateral objects that have been canceled due to administrative defects. This research uses the Normative Legal Research method. The results of the research show that legal protection for creditors holding mortgage collateral for collateral objects that have been canceled due to administrative defects is based on preventive and repressive legal protection. Preventive legal protection is applied to every process of testing administrative defects in land title certificates through land dispute and conflict resolution mechanisms. Meanwhile, repressive legal protection can be implemented through judicial (litigation) or non-litigation mechanisms. Through litigation, creditors can file lawsuits for unlawful acts, default or PTUN lawsuits, and for non-litigation, this can be done through consultation, negotiation, mediation, conciliation, expert assessment and arbitration.
License
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Author Information

# Name Institute / Affiliation
1 Tri Andriyanto Universitas Batam
2 Soerya Respationo Universitas Batam
3 Erniyanti Universitas Batam
4 Ramon Nofrial Universitas Batam
5 Fadlan Universitas Batam

How to Cite

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APA Style
Andriyanto, Tri, Respationo, Soerya, Erniyanti, Nofrial, Ramon, & Fadlan (2023). JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City). International Journal of Advance Research and Innovative Ideas In Education, 9(6), 512-520.
MLA Style
Andriyanto, Tri, et al. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal of Advance Research and Innovative Ideas In Education, vol. 9, no. 6, 2023, pp. 512-520.
IEEE Style
Tri Andriyanto, Soerya Respationo, Erniyanti, Ramon Nofrial, and Fadlan, "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)," International Journal of Advance Research and Innovative Ideas In Education, vol. 9, no. 6, pp. 512-520, 2023.
Vancouver Style
Andriyanto Tri, Respationo Soerya, Erniyanti, Nofrial Ramon, Fadlan. JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City). International Journal of Advance Research and Innovative Ideas In Education. 2023;9(6):512-520.
Harvard Style
Andriyanto, Tri, Respationo, Soerya, Erniyanti, Nofrial, Ramon, & Fadlan (2023) 'JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)', International Journal of Advance Research and Innovative Ideas In Education, 9(6), pp. 512-520.
Chicago Style
Andriyanto, Tri, et al. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal of Advance Research and Innovative Ideas In Education 9, no. 6 (2023): 512-520.
Turabian Style
Andriyanto, Tri, et al. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal of Advance Research and Innovative Ideas In Education 9, no. 6 (2023): 512-520.

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