Perlindungan Hukum terhadap Hak Kreditur Pemegang Hak Tanggungan Atas Tanah Yang Menjadi Objek Pengadaan Tanah untuk Kepentingan Umum yang Dananya Telah Dititipkan di Pengadilan

Abstract

The Deed of Granting Mortgage Rights (APHT) contains agreements between the debtor and the creditor, one of which stipulates that the mortgage holder will receive all or part of the compensation provided to the mortgagor for debt repayment. Land acquisition regulations state that ?f land under a mortgage becomes the object of land acquisition for public interest, the compensation will be deposited in court. This research aims to analyze the legal standing of mortgage rights, the legal protection of creditor rights holding mortgage rights on land that becomes the object of land acquisition for public purposes with compensation funds deposited in court, and the resolution of creditor claims over mortgaged land that has been acquiredfor public use. This study employs normative legal research methods with a legislative approach. The research data comprises primary, secondary, and tertiary legal materials, collected through a literature study and analyzed using qualitative normative data analysis. The findings indicate that the legal standing of mortgage rights on land subject to acquisition and the legal protection of creditors within land acquisition regulations lack legal certainty. This is due to the absence of provisions outlining how creditors can obtain compensation funds. Therefore, additional regulations are needed to ensure that creditors or banks are involved in the land acquisition process. The regulation should stipulate how creditors can claim all or part of the compensation received by the mortgagor for debt repayment when the mortgage is revoked for public purposes.