The Nature of Including the Remarks "For the Sake of Justice Based on the one Almighty God" on the Mortgage Rights Certificate
Abstract
The phrase in the mortgage certificate is stated as “For the Sake of Justice Based on the Almighty God”. The phrase “For the Sake of Justice Based on the Almighty God” shows that the execution of the mortgage object can be equated with executing the Grosse Acta of the Mortgage. On the other hand, the UUHT explains that the execution in the HT certificate is worthy of a court decision that has permanent legal force. This condition gives rise to an interpretation of Article 6 in conjunction with the explanation of Article 20 paragraph (1) letter (a) of the UUHT, Article 14 paragraph (3) and number 9 of the UUHT. The concept of execution is based on the principle of convenience and certainty, so that when the debtor defaults, the creditor can execute it, this is the concept of parate executie. The legal issues raised 1). What is the essence of the inclusion of the irah-irah "for the sake of justice based on the one and only God" on the mortgage certificate? and 2). How is the execution of the mortgage certificate that includes the irah-irah "For the sake of justice based on the one and only God" that is just, certain and beneficial? Normative legal research method, with a statutory approach, historical approach, conceptual approach, and comparative approach. Discussion results: 1). The nature of the inclusion of the Irah-Irah "For the Sake of Justice Based on the Almighty God" on the HT certificate, shows that the certificate has the same executorial power and legal force as a court decision that has permanent legal force, thus causing losses for the debtor. 2). The executorial power over the HT certificate before the dispute occurred has eliminated the debtor's right to defend himself before the law, there is exploitation by the capital owner against the community. The conclusion is that the inclusion of the irah-irah "For the Sake of Justice Based on the Almighty God" on the cover of the HT certificate has caused a conflict of norms and the Execution of Mortgage Rights which is expected to provide justice, legal certainty and benefits for the community, it turns out that it cannot provide justice, legal certainty and benefits to the community in its implementation.
How to Cite This Article
Putut Tri Sunarko, Dominikus Rato, Ermanto Fahamsyah, Hirsanuddin (2024). The Nature of Including the Remarks "For the Sake of Justice Based on the one Almighty God" on the Mortgage Rights Certificate . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 5(5), 907-915.