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Title: :  JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)
PaperId: :  22000
Published in:   International Journal Of Advance Research And Innovative Ideas In Education
Publisher:   IJARIIE
e-ISSN:   2395-4396
Volume/Issue:    Volume 9 Issue 6 2023
DUI:    16.0415/IJARIIE-22000
Licence: :   IJARIIE is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Author NameAuthor Institute
Tri AndriyantoUniversitas Batam
Soerya RespationoUniversitas Batam
Erniyanti Universitas Batam
Ramon NofrialUniversitas Batam
FadlanUniversitas Batam

Abstract

Law
Land Rights Holder, Mortgage right, Legal protection, Administrative Defects
One of the rights given to land rights holders regarding the land they control is to guarantee land rights for certain debts with the burden of a Mortgage. Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations regulates that land rights that can be used as collateral for debts burdened with Mortgage Rights are Ownership Rights, Business Use Rights, Building Use Rights and Use Rights on State land and above Management Rights. However, land rights that are subject to mortgage rights as explained above have the potential to be canceled due to administrative defects. Land that is canceled due to administrative defects has the consequence of erasing land rights as well as severing legal relations with the legal subject of land rights themselves as regulated in Article 18 of Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects Related to It. Land. This research aims to determine the legal protection for creditors holding collateral rights for collateral objects that have been canceled due to administrative defects. This research uses the Normative Legal Research method. The results of the research show that legal protection for creditors holding mortgage collateral for collateral objects that have been canceled due to administrative defects is based on preventive and repressive legal protection. Preventive legal protection is applied to every process of testing administrative defects in land title certificates through land dispute and conflict resolution mechanisms. Meanwhile, repressive legal protection can be implemented through judicial (litigation) or non-litigation mechanisms. Through litigation, creditors can file lawsuits for unlawful acts, default or PTUN lawsuits, and for non-litigation, this can be done through consultation, negotiation, mediation, conciliation, expert assessment and arbitration.

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IJARIIE Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)" International Journal Of Advance Research And Innovative Ideas In Education Volume 9 Issue 6 2023 Page 512-520
MLA Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal Of Advance Research And Innovative Ideas In Education 9.6(2023) : 512-520.
APA Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, & Fadlan. (2023). JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City). International Journal Of Advance Research And Innovative Ideas In Education, 9(6), 512-520.
Chicago Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal Of Advance Research And Innovative Ideas In Education 9, no. 6 (2023) : 512-520.
Oxford Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. 'JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)', International Journal Of Advance Research And Innovative Ideas In Education, vol. 9, no. 6, 2023, p. 512-520. Available from IJARIIE, https://ijariie.com/AdminUploadPdf/JURISDICTIONAL_ANALYSIS_OF_LEGAL_PROTECTION_FOR_CREDITORS_HOLDING_LIABILITY_GUARANTEES_AGAINST_LIABILITY_BENEFITS_THAT_HAVE_BEEN_CANCELLED_BY_ADMINISTRATIVE_DEFECTS___Research_Study_at_the_Land_Office_of_Batam_City__ijariie22000.pdf (Accessed : ).
Harvard Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. (2023) 'JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)', International Journal Of Advance Research And Innovative Ideas In Education, 9(6), pp. 512-520IJARIIE [Online]. Available at: https://ijariie.com/AdminUploadPdf/JURISDICTIONAL_ANALYSIS_OF_LEGAL_PROTECTION_FOR_CREDITORS_HOLDING_LIABILITY_GUARANTEES_AGAINST_LIABILITY_BENEFITS_THAT_HAVE_BEEN_CANCELLED_BY_ADMINISTRATIVE_DEFECTS___Research_Study_at_the_Land_Office_of_Batam_City__ijariie22000.pdf (Accessed : )
IEEE Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan, "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)," International Journal Of Advance Research And Innovative Ideas In Education, vol. 9, no. 6, pp. 512-520, Nov-Dec 2023. [Online]. Available: https://ijariie.com/AdminUploadPdf/JURISDICTIONAL_ANALYSIS_OF_LEGAL_PROTECTION_FOR_CREDITORS_HOLDING_LIABILITY_GUARANTEES_AGAINST_LIABILITY_BENEFITS_THAT_HAVE_BEEN_CANCELLED_BY_ADMINISTRATIVE_DEFECTS___Research_Study_at_the_Land_Office_of_Batam_City__ijariie22000.pdf [Accessed : ].
Turabian Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. "JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City)." International Journal Of Advance Research And Innovative Ideas In Education [Online]. volume 9 number 6 ().
Vancouver Tri Andriyanto, Soerya Respationo, Erniyanti , Ramon Nofrial, and Fadlan. JURISDICTIONAL ANALYSIS OF LEGAL PROTECTION FOR CREDITORS HOLDING LIABILITY GUARANTEES AGAINST LIABILITY BENEFITS THAT HAVE BEEN CANCELLED BY ADMINISTRATIVE DEFECTS (Research Study at the Land Office of Batam City). International Journal Of Advance Research And Innovative Ideas In Education [Internet]. 2023 [Cited : ]; 9(6) : 512-520. Available from: https://ijariie.com/AdminUploadPdf/JURISDICTIONAL_ANALYSIS_OF_LEGAL_PROTECTION_FOR_CREDITORS_HOLDING_LIABILITY_GUARANTEES_AGAINST_LIABILITY_BENEFITS_THAT_HAVE_BEEN_CANCELLED_BY_ADMINISTRATIVE_DEFECTS___Research_Study_at_the_Land_Office_of_Batam_City__ijariie22000.pdf
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