Overview

Original Research

CERTIFICATION AND GUARANTEE OF LAND RIGHTS OVER ABANDONED LAND MANAGEMENT RIGHTS IN CREDIT APPLICATIONS

ARI WIBOWO 1, BUDI SANTOSO 2, and YUNANTO 3.

Vol 18, No 08 ( 2023 )   |  Author Affiliation: Student of Doctoral Program in Law, Faculty of Law, Diponegoro University, Semarang, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1; Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Semarang, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 2,3.   |   Licensing: CC 4.0   |   Pg no: 764-776   |   Published on: 22-08-2023

Abstract

This study aims to analyze the certification and guarantee of land rights over abandoned land management rights in credit applications. The research method used is normative juridical. The results show that the implementation of guaranteeing land rights over abandoned land management rights is reviewed from the statutory regulations related to management rights as follows: 1) The certification mechanism can be seen from the determination of land indicated as abandoned land to be designated as abandoned land through; a) an inventory of land rights or the basis for control over land that is indicated as neglected, b) identification and examination of indicated abandoned land, 3) warning to rights holders, c) determination of abandoned land. 2) The guarantee mechanism is carried out through two stages of activity, namely the stage of granting mortgage rights by debtors to creditors by making a Deed of Granting Mortgage Rights (APHT) by the Land Deed Making Official (PPAT) and the stage of registering mortgage rights at the Land Office, as well as the principle of security rights; Droit de Suite Principles, Droit de Preference Principles, Principles of Specialty, Principles of Publicity.

Keywords

Certification, Guarantee, Land, Rights, Credit