Candra, Hardianto and Djaja, Benny (2022) Analysis Of Article 6 Of Law Number 4 Year 1996 Concerning Mortgage Rights And Article 1400 Of The Indonesian Civil Code On Subrogation. Syntax Literate: Jurnal Ilmiah Indonesia, 7 (10).
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(NOMOR 36) ANALYSIS OF ARTICLE 6 OF LAW NUMBER 4 YEAR 1996CONCERNING MORTGAGE RIGHTS AND ARTICLE 1400 OF THE INDONESIAN CIVIL CODE ON SUBROGATION.pdf Download (299kB) | Preview |
Abstract
The problem of guaranteeing mortgage rights on the debtor's property will not
actually occur if the debtor fulfills the obligations as stated in the principal credit
agreement. However, it often happens that debtors cannot fulfill their obligations
as agreed. Article 20 paragraph 1 of the Law Number 4 Year 1996 on Mortgage
Rights has stipulated the protection for creditors by giving the authority to execute
the collateral provided by the debtor once a state of default is established. The
research results show that in the event where the debtor is in default, subrogation
can be carried out, namely the reimbursement of the creditors’ rights to repayment
by a third party. Subrogation occurs either by agreement or by law, and is different
from debt relief in that it involves a third party who pays the recurring debts to the
creditors, not with the aim of releasing the debtor from his obligation to pay the
debt but replacing the position of the former creditor. With regards to mortgages as
collateral in debt and loan agreements, if the debtor does not change the object of
collateral as agreed in the initial agreement, then the same provisions on mortgage
will be applicable to the new creditor. This paper features a juridical normative legal
research with statutory and conceptual approaches.
| Item Type: | Article |
|---|---|
| Subjects: | Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 19 Feb 2024 05:58 |
| Last Modified: | 19 Feb 2024 05:58 |
| URI: | https://repotest.untar.ac.id/id/eprint/42906 |
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