Repository Universitas Pakuan

Detail Karya Ilmiah Dosen

Agus Satory, Iwan Darmawan, Yenny Febrianty, Mulyo Santoso

Judul : Draft Completion Cancellation Certificate of Mortgage Rights by the Land Office Regency Sukabumi to Achieve Legal Certainty
Abstrak :

Uncertainty law-related ownership of land Lots triggers disputes and conflicts with land in
various regions in Indonesia. There is a certificate right canceled dependents Because exists decision
court already canceled the certificate right already owned attached to rights dependents. So by canceling it
certificate rights dependents become conflict land separately Because creditor holder rights dependents
will feel at a loss with existing cancellation. This research aims to How the implementation of
cancellation certificate rights depends on the decision the court annulled certificate rights owned by. Then
How to draft a solution cancellation certificate right responsibility by the BPN or Land Office Regency
Sukabumi to achieve certainty law? Type of study This is empirical legal research that is descriptive and
qualitative. Primary data was obtained from the National Land Agency of Sukabumi Regency and the
Cibadak District Court, then secondary data came from various documents, books, literature, magazines,
newspapers, the internet, and legal regulations related to the research issue. Data collection methods used
include interviews and literature study. The author applies qualitative data analysis techniques with an
interactive model. From the results study and data analysis, it can be concluded that the process of making
a deed of sale and purchase of land rights by the Land Deed Drafting Officer (PPAT) was carried out
against the law, resulting in legal defects. Elimination of Mortgage Rights due to loss of land rights
results in the creditor losing the ability to sell through auction, which is a characteristic of Mortgage
Rights. Objections from creditors who hold mortgage rights are the reason for deletion. To strengthen the
value of an authentic deed, such as a Deed of Granting Mortgage Rights, it is recommended to contain
stronger promises to protect creditor rights during the registration process. Regulations regarding the
cancellation of property rights certificates that are encumbered with mortgage rights need to be regulated
to protect creditors holding mortgage rights in a preventive manner, namely preventive measures by the
government based on freedom of action and methods of resolving disputes.
Keywords: Cancellation; Mortgage Certificate; Land Office; Legal Certainty

Tahun : 2024 Media Publikasi : Jurnal Internasional
Kategori : Jurnal No/Vol/Tahun : 1 / 11 / 2024
ISSN/ISBN : 2364-5369
PTN/S : Universitas Pakuan Program Studi : ILMU HUKUM
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