Kedudukan Pemberian Jaminan Atas Objek Milik Orang Lain yang Diperoleh Berdasarkan Akta Pengikatan Jual Beli (Studi Putusan Nomor: 2962 K/PDT/2019)

Abstract

The purpose of thid study is to analyze the status of the sold object that has been transferred to another party, the position of providing collateral on the transferred object, and legal analysis of the application of Judge’s Law in the decision. The research employs normative legal research methods presented descriptively. The research approach is conducted through a case approach method. Data sources are obtained from primary, secondary, and tertiary legal sources. Data is processed qualitatively and conclusions are drawn deductively. The results of this study indicate that the seller who provides collateral on the sold object that has been transferred to another party is an unlawful act because it violates the rights of others, country to the legal obligations of the perpetrator, and contrary to propeiety considering the interests and assets of others in social life. Providing collateral on object that have been transferred to another party results in the legal relationship to the land also transferring to the creditor. The application of the Judge’s at the Supreme Court in Decision Number: 2962 K/PDT/2019 provides legal certainty to the rightful parties regarding the position of providing collateral for on object that have been transferred to another party.