Kepemilikan Hak Guna Bangunan Sebagai Jaminan Pelunasan Utang Di Bank

Building Use Rights can be used as collateral for debt as regulated in Law Number 4 of 1996 concerning Mortgage Rights. The purpose of this study is to examine and analyze the policies regulated in the Law regarding the permitting of building use rights ownership status to be used as collateral for debt and the obstacles related to the implementation of this policy. This study uses the Juridical-Normative method with a statutory approach. The analysis was conducted to describe how building use rights can be used as collateral for debt in banks and the risk of its impact on the status of the debt collateral if a situation occurs where the building use rights expire while the debt in the bank is still outstanding. The results of this study indicate that building use rights can legally be used as collateral for debt by fulfilling 8 conditions, namely: still valid, registered and certified, the rights holder must have the authority to transfer and burden, not problematic or currently in dispute, there is a debt agreement, a deed of encumbrance of mortgage rights is made by the Land Deed Official, registered at the land office and the rights are not restricted by prohibitions on encumbrance. The expiration of building use rights risks the loss of the right to guarantee the object of the right, and the loss of the right and authority to execute the object of the right as collateral considering that the object is no longer owned by the debtor but the debt as the main agreement must still be running. This study recommends increased supervision by banks and self-awareness of the rights owner in deciding the eligibility of collateral and proposes for the land agency to periodically provide information regarding the status of the rights held by the rights owner.