Kajian pemberian hak tanggungan dengan objek tanah hak milik anak belum dewasa sebagai jaminan kredit modal kerja pada PT. Bank Rakyat Indonesia (Persero) Tbk Cabang Sleman
UDDIN, Fatah Chotib, Mustafa, SH., MS
2008 | Tesis | S2 Magister Kenotariatan-
ENTITLEMENT OF MORTGAGES OVER LAND WITH THE OBJECT OF LAND OWNERSHIP OF INDIVIDUAL WHO HAS NOT REACHED LEGAL AGE AS THE GUARANTEE OF WORKING CAPITAL CREDIT IN THE PT. BANK RAKYAT INDONESIA (LLC) Tbk SLEMAN BRANCH Fatah1 and Mustafa2 ABSTRACT The study on the giving of mortgages over land with the object of land ownership of an individual who has not come of age as the guarantee of working capital credit in PT. Bank Rakyat Indonesia (LLC) Tbk Sleman branch is an empiric study emphasizing field research as the process to obtain primary data. Subsequently, to support the set of data collected in the field research, a library research is conducted. Primary data used in this study are collected directly from the authorities and respondents by means of interviews and were then elaborated. Secondary data are collected from relevant literature in document research process. Both collection of data are then analyzed qualitatively and written in descriptive manner. Result of study shows that: 1. The special clause to need the process of giving the Mortgages over Land with the object of right over freehold land of an individual who has not reached legal age as the guarantee of working capital credit in PT. Bank Rakyat Indonesia (LLC) Tbk Sleman branch are guardianship decision and authority for giving mortages of the District Court; 2. There are different viewpoints of different relevant institutions on the criteria of maturity used in the process of the guarantee of land ownership of an individual who has not reached legal age. In PT. Bank Rakyat Indonesia (LLC) Tbk Sleman branch, Sleman District Court and the Notary/Land Titles Registrar maintains the standard of legal maturity age as 21 (twenty one) years of age. In Sleman Land Office, the legal age limit used is 19 (nineteen) years of age. Based on the principle of law lex posteriori derogat legi priori then consequence from to apply 330 chapter Kitab Undang-Undang Hukum Perdata a law a biding is null and void ; 3. The function of guardianship decision of the District Court is the legitimate legal basis to do an action prescribed by the law, that is to say, an agreement on land owned by an individual not yet reached legal age. However, if the longest-living parent (langstlevende echtgenoot) fulfill his/her authority as the guardian, the guardianship decision and the verdict by the court is something that still needs especial attention. Keywords: credit agreement, mortgages over land, individual who has not reached legal age, guardianship
Kata Kunci : Perjanjian kredit,Hak tanggungan,Anak belum dewasa,Perwalian
