Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Analysis of Beding Debt Agreement Regarding the Guarantee of Land Certificates Without the Encumbrace of Dependent Rights (Study of The Indonesian Supreme Court Decision Number 1416 K/Pdt/2020)

Authors
Khor Elwin1, *, Gunawan Djajaputera1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: khorelwin@gmail.com
Corresponding Author
Khor Elwin
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.091How to use a DOI?
Keywords
Legal Certainty; Debt Agreements; Land Certificates Without Dependent Rights
Abstract

Debt agreements are agreements that are principal in nature, and it can be followed by an accecoir or additional agreement which is a guarantee agreement. Land is one of the many objects that can be guaranteed, and is also commonly guaranteed by using dependent rights that is regulated in Undang-Undang Hak Tanggungan (UUHT for short). Based on the contents of this thesis, there are a few problems, the first being whether land certificates can be objects for guarantee without dependent rights in a debt agreement, and the second being the legal certainty of land certificates being a guaranteed object in a debt agreement. The research type is normative with supporting research data which are interviews with a practitioner and an academic. The Judge’s consideration in this case that says that there is a practice of beding ownership in this case sprouts out a lot of questions. The execution, legal position, creditor, and law protection is different between the guarantee of land with a dependent right and with not, with the encumbrance of a dependent right having more benefits.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
978-94-6239-567-1
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.091How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Khor Elwin
AU  - Gunawan Djajaputera
PY  - 2022
DA  - 2022/04/21
TI  - Analysis of Beding Debt Agreement Regarding the Guarantee of Land Certificates Without the Encumbrace of Dependent Rights (Study of The Indonesian Supreme Court Decision Number 1416 K/Pdt/2020)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 582
EP  - 586
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.091
DO  - 10.2991/assehr.k.220404.091
ID  - Elwin2022
ER  -