Skripsi

KEKUATAN EKSEKUTORIAL JAMINAN HAK TANGGUNGAN ATAS TANAH YANG TUMPANG TINDIH: (STUDI PUTUSAN NOMOR 32/PDT.G/2025/PN PLG)

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The thesis titled "The Executorial Power of Land Mortgage Guarantees on Overlapping Land (Study of Decision Number 32/Pdt.G/2025/PN Plg)" is motivated by legal issues concerning the execution of Land Mortgage guarantees on land objects that are claimed to overlap by third parties, thereby causing legal uncertainty in the practice of executing security rights. The issues discussed in this study are: 1. How is the executorial power of Land Mortgage guarantees on overlapping land as in Decision Number 32/Pdt.G/2025/PN Plg? 2. What are the legal considerations regarding the execution of Land Mortgage guarantees on overlapping land as in Decision Number 32/Pdt.G/2025/PN Plg? The type of research used is normative legal research with statute approach, conceptual approach, and case approach. Legal material sources are obtained through library studies, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The technique for analyzing legal materials is conducted using an analytical descriptive method. Then, the technique for drawing conclusions uses an inductive method. The results of this study conclude that 1. Mortgage Certificates have legally valid and binding executorial power as regulated in the Mortgage Law, so the execution carried out by the KPKNL can still be carried out even if there are overlapping claims from third parties, as long as the parties cannot prove legitimate ownership of the auctioned object with a Land Certificate. 2. The legal considerations of the Panel of Judges in Decision Number 32/Pdt.G/2025/PN Plg are considered in line with the principle of orderly proceedings, which provides legitimacy for the execution of Mortgage security. Keywords: Execution, Mortgage Rights, Overlapping.

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Detail Information

Series Title

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Call Number

T1942002026

Publisher

Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 72 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

346.043 07

Content Type

Text

Media Type

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Carrier Type

-

Edition

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Subject(s)

Hukum Agraria
Prodi Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

TUTI

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