ANALISIS SISTEM HUKUM JAMINAN HAK ATAS TANAH DALAM UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH

Endang Mintorowati

Abstract

Tha aim of the research is to find out whether or not the Legal System of Land Right Security has been included in Law Number 4,theYear of1996 regarding Land Security Right. This isnormative oradoctrinal study for law is conceptualized as positive norms in the National legal structure. Due to its form, this studybelongs to an evaluative research. The locations of the research were at several libraries. Data of the research were secondary ones in the law field. The data consisted of primary, secondary, and tertiary legal materials. The data were gathered through alibrary research. The data were analyzed by using adeductive logic method. Based onthe analysis, a conclusion isdrawn as follows: TheActnumber 4 of 1996 consist of general and specific component. The general component are include basic principles oh Pancasila, constitutional principles on Indonesian Constitutional of 1945, political principles dnd land policy from Act number 5of1960. Furthermore, thespecific component isnot consist ofdiscrimination between Indonesian
and foreign citizen as isregulatedon articles 33paragraph (3) Indonesian constitutional of1945. TheAct on right of guarantee removed hypotheek and credietverband was regulated on article 29. General and specific component related to another and it was law system of land guarantee that give legal certainty and safety a creditor to get paying off. Beside that, the act on rights of guarantee also to protect debitor because debitor ishavenotauthority to get property of guarantee objects.

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