Legal Validity of Use of Financing Guarantee on Land That Have Not Been Certified

  • Junairi Junairi Master of Law Program, Faculty of Law, Brawijaya University, Malang, Indonesia
  • I Nyoman Nurjaya Lecturer, Faculty of Law, Brawijaya University, Malang, Indonesia
  • Herlindah Herlindah Lecturer, Faculty of Law, Brawijaya University, Malang, Indonesia
Keywords: Credit Agreement; Uncertified Land; Validity; Legal Consequences

Abstract

This article discusses the validity of credit agreements with land collateral objects that have not been certified, using a normative juridical research method, in terms of the validity of the agreement, the validity of the guarantee and the legal impacts that occur, the purpose of uncertified land includes the old conversion rights, including , Customary Land, Land Letter C, Petok D, and Girik. As for the answer, it is a credit agreement between the Creditor and the Debtor which was drawn up based on an agreement by both parties that is legally valid even though the object of the guarantee is land that has not been certified, or known as the old Conversion of Rights such as Letter C, Petok D and girik, but in order to have perfect legal force if the debtor is in default, the object of collateral in the form of land that has not been certified must be registered simultaneously with the National Land Agency (BPN), followed by the issuance of SKMHT and APHT, if this is the case. not done, the legal consequences for SKMHT is invalid and null and void.

Published
2022-11-06
How to Cite
Junairi, J., Nurjaya, I. N., & Herlindah, H. (2022). Legal Validity of Use of Financing Guarantee on Land That Have Not Been Certified. International Journal of Social Science Research and Review, 5(11), 229-238. https://doi.org/10.47814/ijssrr.v5i11.647