Legal Certainty for Mortgage Right Holders Regarding Building Use Rights Used as Collateral After the Expiration of Their Validity Period
Abstract
This research aims at the legal status of Building Rights Title collateral whose term has expired while the credit agreement is still running and the efforts that can be made by bank creditors when the term of the Building Rights Title which is used as a collateral object has expired while the credit agreement is still running. In this research, the author uses a normative juridical research method by taking a statutory approach, and a conceptual approach. The source of data in this research is obtained from literature studies or library research consisting of primary legal materials and secondary legal materials sourced from books, scientific journals, and laws and regulations. The data that has been collected is then analyzed using descriptive analysis method. The results showed that the Legal Status of Mortgage Rights is canceled if the land rights encumbered by the Mortgage Rights are also canceled. This is because the mortgage is a property right, and if the object of the property right is lost, the guarantee of the right is lost. For efforts that can be made by Bank Creditors if there is a Building Rights Object whose validity period expires while it is still guaranteed, namely by preventive efforts and repressive efforts.In preventive efforts by adding a clause in the Deed of Granting Mortgage which states that the holder of the mortgage right, in this case the bank, can rescue the object of the mortgage right. Meanwhile, in repressive efforts, the bank creditor can file a default lawsuit against the debtor if the debtor fails to pay his debt.