Tinjauan Yuridis Keberatan terhadap Sita Jaminan Dari Objek Hak Tanggungan (StudiKasus Putusan No. 20/Pdt.G/2010/PN.LP)

Abstract

The existence of the debtor's inability to fulfill his achievements to creditors, which resulted in the debtor's assets are then placed confiscation by the court based on the claim of the creditor. On the other hand, the debtor is apparently entered into a loan with another lender in this case banking. On the basis of the determination of Sita Security then creditor or objections to the Third Party Assurance Sita who had been tied by the Mortgage. This research method using research literature (Library Research). Settlement Land Collateral Confiscation of objects that have been tied to such Encumbrance is valid and should be retained. This is because of a delay in the registration process Encumbrance and not in accordance with Article 13 of Law No. Encumbrance 4 of 1996 and also the Credit Facility which is the beginning of the binding legal relationship Guarantee Mortgage is not proved that the cause or causes that are not kosher. Besides, factors causing their objection to the object Sita Mortgage Guarantee is based on the position of creditors or third parties who have Encumbrance Certificate of objects that have been put Sita Security. But in the process of a third party position to lose his position as preferent creditors. This is due to the delay in the registration procedure Mortgage, which had passed the time limit prescribed by Article 13 of the Act - Law No. encumbrance 4 of 1996 which resulted in loss of Preferent Rights of such third party having neglected the principle of publicity which is the condition required also in order to bind the security rights to third parties.