ANALISIS SISTEM HUKUM JAMINAN HAK ATAS TANAH DALAM UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH
Abstract: Tha aim of the
research is to find out whether or not the Legal System of Land Right Security
has been included in Law Number 4, the Year of 1996 regarding Land Security
Right. This isnormative ora doctrinal study for law is conceptualized as
positive norms in the National legal structure. Due to its form, this study belongs
to an evaluative research. The locations of the research were at several
libraries. Data of the research were secondary ones in the law field. The data
consisted of primary, secondary, and tertiary legal materials. The data were
gathered through alibrary research. The data were analyzed by using adeductive logic
method. Based onthe analysis, a conclusion is drawn as follows: The Actnumber 4
of 1996 consist of general and specific component. The general component are
include basic principles oh Pancasila, constitutional principles on Indonesian
Constitutional of 1945, political principles dnd land policy from Act number 5
of 1960. Furthermore, the specific component isnot consist ofdiscrimination
between Indonesian and foreign citizen as isregulatedon articles 33 paragraph
(3) Indonesian constitutional of1945. The Act on right of guarantee removed
hypotheek and credietverband was regulated on article 29. General and specific component
related to another and it was law system of land guarantee that give legal
certainty and safety a creditor to get paying off. Beside that, the act on
rights of guarantee also to protect debitor because debitor is have
notauthority to get property of guarantee objects.
Keywords: the Legal System of
Land Right Security, general components, special components
Penulis: Endang Mintorowati
Kode Jurnal: jphukumdd080115
