Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

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Object Expansion of Liability Auction Through Association of Liability Rights (APHT) in Indonesia

Authors
Untoro1, *, Hamdan Azhar Siregar2
1,2Faculty of Law. Islamic Universitiy of Jakartta, Jakarta, Indonesia
*Corresponding author. Email: untoro_uid@yahoo.co.id
Corresponding Author
Untoro
Available Online 22 November 2021.
DOI
10.2991/assehr.k.211102.191How to use a DOI?
Keywords
Auction object; mortgage; APHT
Abstract

The deed of imposition of mortgage (APHT) generally cannot be released with a clause that the mortgage is also binding on everything which according to its designation is an integral part of the land and building. The implication is that the clause must be contained in the draft APHT made by the Land Deed Making Officer (PPAT). Failure to include this clause in the APHT will be fatal. This study aims to analyze the position of the mortgage deed in the auction of mortgage rights in the form of land, along with objects related to land. This research is a normative legal research with a statutory and conceptual approach. The results showed that the position of the APHT determines the success or failure of the auction of land and objects related to land. The provisions in Article 4 paragraph (4) of Law Number 4 of 1996 concerning Mortgage Rights, Article 506, Article 507, Article 584 of the Civil Code will not provide benefits to creditors if the clause in the deed of encumbrance of mortgages does not include in detail the granting of mortgage rights covering a plot of land. land and its successors and/or existing or future works that stand on it, which become one unit with the land, which due to their nature, purpose, or according to the law are considered immovable objects.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
978-94-6239-449-0
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.191How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - Untoro
AU  - Hamdan Azhar Siregar
PY  - 2021
DA  - 2021/11/22
TI  - Object Expansion of Liability Auction Through Association of Liability Rights (APHT) in Indonesia
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 175
EP  - 179
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.191
DO  - 10.2991/assehr.k.211102.191
ID  - 2021
ER  -