IMPLIKASIPERKEMBANGAN PERATURAN JAMINAN HAK ATAS TANAH DALAM PERKREDITAN DI INDONESIA

Endang Mintorowati

Abstract

This Research is about implication of The Regulation development of the land guarantiee Right in the Credit matters in Indonesia. Thepurpose of this research is to know about the development of credit matters in Indonesia needed. Dealing with the purpose of it, it can be called that the research is a kind of a normative research of the history of the law. The data which is used in this Research is secondary data. It observes some literature materials suchas primary law materials, secondary low materials and tertiary law ones. Firstly, the writer inventoried and clarified all materials sistematially, then I analyzed it logically using content analysis technigue. Based on the result of the
observation, it is really that there are many change at the land guarantee Right in Indonesia. Both the object of the land guarantee right and the guarantor (guarantee institution) have got many change. Before the law no. 5 in 1960 was legalized, it was happened in the colonial era, the objecct of the land guarantee could be differenciated into the foreign (west) authrity ofland and the native authorityofland. The guarantor was also different. The land which was authorized by the west (Dutch), the legal guarantor wasa mortgage and the land which wasauthorized by the Native (Indonesia), the legal guarantee Institution wascredituer bank. The object of the land guarantee right has been national and unification since the law no. 4 in 1996was legalized (point51 ofthe law no. S in 1960).By knowing the content of the law no 4 in 1996 such as aboutthe principle, object and the process of credit matters with the guarantee right, it could be stated that all ofthem can fulfill the development of credit matters in Indonesia. Although the law no 4 in 1996 is good enough, there are stil many points must be revised. It can be revised in the points which are arranging the object and subject (guarantee holder), guarantee promise and arranging how to registrate the guarantee right by making a warrant
which is giving heavy responsibility to the guarantee right. If the
weakness of those points aren't revised, The Credit Matters in Indonesia willgo down at the growthofour economic in this globalera.

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