PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PEMBATALAN HAK ATAS TANAH YANG TERIKAT DENGAN HAK TANGGUNGAN

Abstract

This study belongs to a normative law research that is descriptive in nature. The type of data used was secondary data, that is, the one derived directly from the field or society, but through library study by studying and learning the book, literature, journal and internet data. The approach employed here was the one to law procedure, the research done in certain legislation or written law. Technique of collecting data used was library study while technique of analyzing data was the qualitative one. The result of law research shows that the form of law protection given to the creditor when the debtor commits the violation according to Act Number 4 of 1996 is the credit agreement written in the form of deed, both informal and authentic deed corresponding to the explanation of Article 10 of Act Number 4 of 1996, that the Bail right certificate publishing by the Land Affairs Officeas the evidence of the Bail Right, having the same executorial power as the judge’s decision with fixed power, if the debtor commits the violation, the creditor can ask for direct help from the Chief of Local First Instance Court to execute through public auction in order to get the debt payment. The interpretation of Act Number 4 of 1996 giving law protection to the creditor includes Article 1 number 1 about the preference right of a cred itor; article 6, article 14 clause (1), (2), and (3) as well as Article 20 clause (2) and (3) about the Bail Right execution; Article 11 clause (2) about the promise that should be included in the Bail Right Issuance Deed (APHT) to protect the creditor when the debtor commits violation, as well as the provision of article 7 about droit de suite principle stating that the bail right remain to guarantee its object although it has been transferred to the third party so that it will remain to guarantee the creditor credit payment.

Keywords: Law protection, Bail Right, creditor, Act Number 4 of 1996