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Indian Journal of Law and Human Behavior

Volume  4, Issue 1, January-June 2018, Pages 5-16
 

Original Article

Reconstruction of Legal Protection toward the Mortgage’s Creditor Holder within object of Building Rights Title which the Term was Expired before the Credit Agreement’s Due Based on Legal Justice Value

Lushun Adji Dharmanto*, Anis Mashdurohatun**, Gunarto**

*Student of Law Doctoral Program, **Lecturer at Faculty of Law, Universitas Islam Sultan Agung Semarang, Jawa Tengah 50112, Indonesia.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4118.1

Abstract

The purpose of this study is to assess and analyze the legal protection practices towards creditors holders of mortgage with the object of Building Utilization which has expired the period before the credit agreement is due, the weakness in the practice of legal protection as well as reconstruct the practice of legal protection against the mortgagee creditor Building Rights object that has been the end of its term before the credit agreement is due based on the value of justice. The research methodology used in this journal is Constructivism with approach method was sociological juridical or socio-legal. The results of this study found that the reconstruction of the value of legal protection against the creditor holding the mortgage with the object of Building Use Right before the due date based on the value of justice is to protect the interests of creditors and debitors in a balanced form: (a.) If the debtor wants to extend the Building Use Rights then the credit agreement is extended. (b.) if the debtor does not extend their Building Right title carried out the sale and purchase of collateral in parate execution. Thus the reconstruction of the law on the provisions of the law that regulate the right of Dependent especially in Article 4 of Law No. 4 of 1996.

Keywords: Legal Protection; Mortgage’s Holder Creditor; Payment
Due; Justice.

 

 

 


Corresponding Author : Anis Mashdurohatun Lecturer at Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang, Jawa Tengah 50112, Indonesia.