Studi Hukum Terkait dengan Pendaftaran Hak Tanggungan Pada Sertipikat Tanah Dengan Status Pemiliknya Telah Meninggal Dunia

Abstract

In credit agreements, land certificates are often used as collateral objects to guarantee the repayment of debts between debtors and creditors. As an object of credit guarantee, the owner of the land certificate must be in a living status, because if the owner has passed away, the process of registering the right of dependency cannot be carried out. Legally, the process of transferring land rights through the inheritance mechanism must be completed first so that the status of ownership of land rights is in the hands of the heirs legally. This study uses a normative juridical research method with the main focus on analyzing the process of registering dependent rights through the inheritance mechanism. The results in this study show that the registration of dependent rights must be based on the status of the living landowner. After the landowner dies, the inheritance process must be completed first before the registration of dependent rights can be carried out. Registration of dependent rights involves the preparation of a credit agreement deed, the preparation of a deed of granting dependent rights and its registration at the land office