Perlindungan Hukum terhadap Bank sebagai Kreditur Pemegang Hak Tanggungan Atas Sertipikat Hak Milik yang Telah Dibatalkan oleh Pengadilan dan Sudah Berkekuatan Hukum Tetap (Studi Putusan Nomor 31 K/TUN/2020)

Abstract

In extending credit, banks generally do not provide loans without considering the collateral provided by the debtor to secure the credit obtained. Banks often use land title certificates as collateral, which must be encumbered with a Mortgage Right (Law No. 4 of 1996 on Mortgage Rights). Despite the mortgage having executory power and legal certainty, legal issues may still arise in practice. One such issue involves the cancellation of land rights encumbered with a mortgage due to overlapping ownership certificates, leading to the cancellation of the mortgage following a court decision, as seen in PTUN Decision Number 31 K/TUN/2020. This research is descriptive in nature and employs normative legal research methods. The data source used is secondary data, collected through library research and document studies. Data analysis is conducted qualitatively. Banks, as creditors holding mortgage rights, may lose their rights to the mortgage object due to the cancellation of the land ownership certificate by the court. This prevents the bank from executing the mortgage, resulting in legal uncertainty for the bank. In cases where the debtor defaults on loan repayment, the bank, which should have preferential creditor status, becomes an unsecured creditor. The research uses the theory of legal protection to analyze how protection should be provided and implemented to safeguard banks as creditors, who are adversely affected in such cases. Legal protection for mortgage holders should not be negated, and solutions must be found to ensure that the interests of mortgage holders or creditors are maintained even if the land rights are canceled by a court decision with permanent legal force.