The Legal Protection for the Creditors as the Holders of the Mortgage Rights Towards the Buildings Rights Over the Managements Rights

DOI

10.2991/assehr.k.201209.283How to use a DOI?

Keywords

Building Use Rights, Management Rights, Mortgage Rights

Abstract

Based on the research results, it can be concluded that (1) The process of making a Land Use Agreement does not fulfill the principles of justice and legal certainty for the parties. (2) The transfer of rights to the object of the Building Use Rights on the land of the Management Rights is not in accordance with Government Regulation Number 40 of 1996 concerning Business Use Rights, Building Use Rights and Land Rights because it is not equipped with written approval from the Management Rights Holder. (3) Execution of Building Use Rights collateral on Management Rights land cannot be carried out because the bonding process of mortgage rights is not in accordance with State Minister for Agrarian Circular Letter Number 630.1-3433 dated 17 September 1998. In order to realize legal protection for creditors who hold Mortgage Rights for Building Use Rights on land with Management Rights, things that need to be considered are (1) Ensuring that the Land Use Agreement has fulfilled the principles of justice and legal certainty and must standardize the regulated Land Use Agreement. in written regulations. (2) In the transfer of rights must pay attention to article 34 paragraph (7) Government Regulation Number 40 of 1996 (3) In binding mortgage rights, the creditor must ensure that the term of the Land Use Agreement is the same as the period of Building Use Rights, and there must be approval written from the Management Rights Holder.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Agus Suprihanto
PY  - 2020
DA  - 2020/12/14
TI  - The Legal Protection for the Creditors as the Holders of the Mortgage Rights Towards the Buildings Rights Over the Managements Rights
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 179
EP  - 188
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.283
DO  - 10.2991/assehr.k.201209.283
ID  - Suprihanto2020
ER  -