KEDUDUKAN PEMBERIAN JAMINAN ATAS OBJEK MILIK ORANG LAIN YANG DIPEROLEH BERDASARKAN AKTA PENGIKATAN JUAL BELI

Abstract

The fact that often happens that not a few Notaries / PPATs make mistakes, negligence, and ignore the
laws and regulations so that in the end it causes problems in the future such as the case of granting
guarantees on objects belonging to other people in Decision Number 2962 K / Pdt / 2019. The problems
studied are the position of the sale and purchase object that has been transferred to another party, the
position of granting collateral for the object that has been transferred and legal analysis of the application
of the judge's law in the decision. The research method used is normative legal research which is
presented descriptively. The research approach is carried out through the case approach method. Data
sources are obtained from primary, tertiary and secondary legal sources. The data is analyzed through
qualitative and deductive conclusions. The result of this research is that the seller who guarantees the
object of sale and purchase that has been transferred to another party is an unlawful act because it
violates the rights of others, contrary to the legal obligations of the perpetrator, contrary to decency and
contrary to propriety in paying attention to the interests of self and property of others in the association
of life. The granting of security over an object that has been transferred to another party results in the
legal relationship to the land also shifting to the creditor.
Keywords: Collateral, Property Rights, Sale and Purchase Binding Deed