Legal Implication of Mortgage Right Installation Toward Debtor’s Manageability and Legal Action

Abstract

Related to the effort to guarantee the return of credits grant from credit agency, a solid and competent guarantee agency which able to provide legal certainty for interested parties is highly needed, namely in the form of mortgage right. The existence of pledge gives mortgage right in credit agreement is an unseparated part of the mortgage right pledge. Mortgage right is accessory with the main agreement. Thus, mortgage right is dependent on the part of the main agreement, specifically an agreement that provides guarantee of debt repayment called main agreement. Mortgage right as a strong guarantee agency has droit de preference and droit de suite. The mortgage right installment should be done rightly and carefully and could be followed up immediately accordant to Act of Republic Indonesia Number 4, 1996 about the mortgage right and the collateral object which has been installed mortgage right should shortly be executed by the creditor in intention to the debtor debt repayment. As mortgage right constantly keep up the object in whoever’s hands is a distinctive guarantee for the interest holder mortgage right. Despite the object of mortgage right has devolved and been belong to others, the creditor is still able to use his right through execution if the debtor defaults till it causes compensation. The compensation involves fees or charges incurred, actual loss due to damage or loss of creditor’s property due to debtor’s negligence, and expected interest or profit. Debtors who default on credit agreements are charged to compensate for the cost incurred covering principal debt or remaining debt, interest, and fine.