LEGAL CERTAINTY FOR OBJECT OF WARRANTY IN THE FORM OF EXPIRED BUILDING RIGHTS ON LAND (HGB) AND LIQUIDATED BANK HOLDING THE MORTGAGE RIGHT

Abstract

Guarantee law is science for offering legal assurance on liability, while mortgage rights are part of the land rights guarantee law. Building rights on land that has expired and is still subject to mortgage rights pursuant to Article 18 of Law No. 4 of 1996 on the Mortgage Rights, the liability shall be abolished, but the assured debt shall not be excluded. Based on the calculation findings from the Land Registry Office, the land area has been decreased when the renewal of building rights on land is carried out. The secured debt through Bank X (has been liquidated) and has transferred its Mortgage Rights to the Directorate General of State Assets (DJKN), a replacement institution/asset holder of the former IBRA (Indonesian Bank Restructuring Agency). However, the transfer has not been recorded. Based on the results of research on guarantee law, especially on mortgage rights, mortgage rights have to be provided legal certainty for both creditors and debtors. Therefore, in answering problems concerning mortgage rights, several theories and approaches are used including Legal Certainty theory, Legal Relation theory, Mortgage Theory, and Guarantee law theory. This study employed a juridical normative method with explanatory type to answer the root cause of the material obtained as well as to obtain a complete understanding in answering problems regarding guarantee law in Indonesia.