THE INFLUENCES OF PARTIALRELEASEON COLLATERAL RIGHT AMONG DEVELOPERS RECEIVING CONSTRUCTION LOAN
The present thesis which entitled Influences of Partial release On Collateral Right Among Developer:sReceiving Construction Loan aims to identify: (1) bearing the collateral right on the land owned by developers enjoying construction loan, (2) the implementation of partial release on developer'...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2010
|
| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/28833/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=11896 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Institution: | Universitas Gadjah Mada |
| Summary: | The present thesis which entitled Influences of Partial release On Collateral Right Among Developer:sReceiving Construction Loan aims to identify: (1) bearing the collateral right on the land owned by developers enjoying construction loan, (2) the implementation of partial release on developer's land born with collateral right whenbuilding unit has been paid by buyers, and (3) the influences of partial release implementation on collateral right among developers enjoying construction loan.
To this end, this legal study is juridical-empirically conducted, with analysis on legal substances and balanced function, through qualitative approach. Therefore, data collection instruments involve (1) observations, (2) interviews and (3) questionnaires distribution among respondents. Samples are taken using purposive non-random sampling method.
Following comprehensive analysis it is explained that in purchasing houses, buyers/customers may make cash payment or under the Kredit Pemilikan Rumah (KPR) that banks offer. Customers purchasing house unit in cash, with certificatesas collateralof construction loan, deserve for sufficiently appropriate right.protection. To this end, developers should split main certificate into several certificates of individual houses under the name of buyers. In this case, the certificate will be born with collateral right. Hence, splitting into several certificates per unit under the names of buyers, should conducted by having partial release. Theoretically, partial release does not consider the principle of unsplitable of collateral right (the Article 2 ofUUHT) and it is breakthrough of closedness of law of materials stating that in principle no legal action is allowed beyond the provisions stated in the acts. This deviation is conducted in order to accommodate the need of business and loan circles. To optimize the partial release process, effective, fast, integrated system organization and supported by assertive and consistent supervision and sanctions is absolutely required. |
|---|