There is a land case where this case has been decided by a judge. The judge won the plaintiff who declared the land legally owned by the plaintiff. However, before this case went to court, the defendant had pledged the land to the bank. Can the land which is pledged as collateral to the bank be executed by the court because of other cases? What about the position of the plaintiff's land if the defendant fails to pay off his debt to the bank and the land is executed because of the bank's order? Based on the opinion of legal experts and the decision of the Supreme Court, land that has been used as collateral cannot be confiscated or confiscated for execution. Thus, the creditor holding the guarantee has a priority right to the land. But in another Supreme Court decision, the party who truly feels entitled and has strong evidence can be won and at the same time the mortgage held by the creditor becomes null and void by law. Based on your explanation, we conclude that the land that became the object of the dispute was initially in the name of the Defendant (in the certificate), then after the judicial process and there was a judge's decision, the Plaintiff has the right to the land. Basically, it is the land owner who can charge a land with mortgage rights. This is as regulated in Article 8 of Law no. 1) Provider of Mortgage is an individual or legal entity that has the authority to take legal action against the object of the Mortgage concerned.
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2) The authority to take legal action against the object of the Mortgage as referred to in paragraph (1) must be with the provider of the Mortgage at the time of registration of the Mortgage. If the Defendant is the owner of the land based on the land certificate that existed at that time, then the Defendant has the right to charge the land with mortgage rights. If then the land is disputed and the Defendant is declared not the rightful person (owner) of the land, then that is another matter. Regarding whether the land can be executed by the court, basically the Mortgage Law itself is not regulated. The Mortgage Law only stipulates that the mortgage still follows the object in the hands of whoever the object is (Article 7 of the Mortgage Law). This is the nature of material rights, namely droit de suite. Regarding droit de suite, you can read the article Meaning of Droit De Suite. However, Prof. DR. Sutan Remy Sjahdeini, SH
Mortgage Rights: The Principles of Main Provisions and Problems Faced by Banking (A Study on the Mortgage Law) (pp. 40-41), giving the opinion that according to the law, mortgage rights cannot be confiscated (confiscated collateral). or confiscation of execution). The reason is because of the purpose of (introduction of) security rights in general and in particular the mortgage itself. The purpose of the mortgage is to provide a strong guarantee for the creditor who is the holder of the mortgage to take precedence over other creditors. If it is possible to confiscate the mortgage by the court, it means that the court ignores or even negates the priority position of the creditor holding the mortgage. Furthermore, Prof. DR. Sutan Remy Sjahdeini, SH Ibid, p. 42) provides an example in the Decision of the Supreme Court of the Republic of Indonesia No.
Thus the answer from us, hopefully useful.
394K/Pdt/1984 dated May 31, 1985, which holds that the goods that have been used as collateral for the debt (in this case) are debt guarantees to Bank Rakyat Indonesia Gresik Branch so that they cannot be subject to confiscation of collateral. However, this goes back to the judge's consideration. For example, in Supreme Court Decision No. 2301 K/Pdt/2007, Plaintiff and Defendant I were originally a husband and wife couple, who at the time of their marriage, both bought land. At the time of the divorce, the two had not divided the joint property between them. Defendant I then changed the book and re-measured the land because the old book was full, in which the name of the owner remained Defendant I. Defendant I then sold the land to Defendant II. Defendant II then pledged the land to the bank. In this case, the judge decided that one of them stated that the mortgage certificate had no legal force. Therefore, if the Plaintiff truly feels entitled to the land, the Plaintiff should also request the cancellation of the mortgage on the land to the court. Thus the answer from us, hopefully useful. Law No. 4 of 1996 concerning Mortgage on Land and Objects Related to Land. Sutan Remy Sjahdeini. 1999. Mortgage: Basic Principles and Problems Faced by Banking (A Study on Mortgage Law).
How to Check Vehicle Number Plate Owners Online, Easy!
Are you planning to buy an automatic car? Or planning to ride it in the near future? Maybe you already know that the way to drive an automatic car is different from the usual car, which shifts the gears manually. Automatic cars have automatic transmissions, where the automatic car gearshift system is designed to be able to move without having to step on the clutch pedal. Automatic transmission has two types of systems, both of which are also known to be simpler and easier, namely semi-automatic and automatic systems. This is How to Check Jakarta Number Plates, Easy! Even though it's automatic, it doesn't mean that driving an automatic type car is just playing the gas and brakes. You also have to be required to have a good feeling in measuring engine power because automatic cars also have transmissions that you can adjust depending on your needs. You will meet the automatic transmission lever with the code P, R, N, D, D3, 2 and L. If you are a new player in driving an automatic car, you are definitely confused by the letters and numbers that are rarely found. 9 Ways to Get Rid of Stickers on Motorcycles, Smooth Back Again! How to Check Vehicle Number Plate Owners Online, Easy! Complete Car Window Film Price List, Must Know! Well, to help you recognize a dead car gear, Qoala will explain in full about automatic car gear, from how to drive it, the meaning and function of each of the codes above and other information you need to drive an automatic car through this review.
As a beginner you need to be careful so that the lever is always in the correct position.
If it's your first time driving an automatic car, you may be a little confused about how to drive it. Especially if you are used to using a manual car, which has a different way of operating the gear from the automatic one. This is because you don't have to adjust the clutch or shift gear because it's done automatically. You just need to stop and go without shifting gears or playing the clutch. But if you are not used to having to be careful, you might get confused between the brake pedal and the pedal or the wrong way to use the automatic car gear. Not infrequently heard of accidents because they are not familiar with how to shift gears automatic cars that are not familiar. Therefore you must know some important things in how to drive an automatic car below. As a beginner you need to be careful so that the lever is always in the correct position. First before starting the engine, the lever position must be in the P position or in the N position. Do not position the lever in reverse or R, these positions are used to reverse. If the lever is in the R position, the car will not start when it is started.
When you enter the key, do not immediately start the engine. You should wait for the needle to spin until the indicator is active or lit which indicates the electricity is ready. Some types of automatic cars provide an indicator in the form of sound when the car is really ready to be started. When first starting, it is recommended to step on and hold the brake pedal for safety reasons because you are afraid that the car will suddenly accelerate forward. Some automatic cars have an automatic procedure that keeps the engine running if you don't press the brake pedal, although some don't. When the engine is on and you want to start moving, the first step that needs to be done is to change the gear position of your automatic car which was originally in position P or N, to position R to go backwards or D to go forward. It is important to depress the brake pedal at the same time as moving the lever in gear. This method can prevent damage to the machine. The transmission lever aka gear or automatic car gear is an important component that affects the speed of the car.