TINJAUAN YURIDIS PEMBEBANAN HIPOTEK ATAS KAPAL LAUT SEBAGAI JAMINAN HUTANG di PERBANKAN
(STUDI PUTUSAN NOMOR 510/Pdt.Plw/2014/PN.Sby)
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Institusion
Universitas Bhayangkara Surabaya
Author
Navabella, Ari Cakra
Subject
Datestamp
2023-01-12 04:06:15
Abstract :
The definition of a mortgage in Article 1162 of the KUHPerdata is defined as the material right on the immovable property which is used as collateral in the settlement of an agreement. Mortgages are property rights over immovable objects. Ships can be divided into two, namely the weight above 20 m3 and below 20 m3, For each ship's weight below 20 m3, it is guaranteed for the fiduciary collateral. Currently in Indonesia, ship mortgages are subject to Law Number 17 of 2008 concerning Shipping, Laws of Trade Law, and also International Conventions which have been ratified by Indonesia, namely the International Convention on Maritime Receivables and Mortgage 1993. Mortgages are collateral items, hence must fulfill the principle of publicity, namely by registering the mortgage guarantee in an open public register.
The definition of a mortgage in Article 1162 of the KUHPerdata is defined as the material right on the immovable property which is used as collateral in the settlement of an agreement. Mortgages are property rights over immovable objects. Ships can be divided into two, namely the weight above 20 m3 and below 20 m3, For each ship's weight below 20 m3, it is guaranteed for the fiduciary collateral. Currently in Indonesia, ship mortgages are subject to Law Number 17 of 2008 concerning Shipping, Laws of Trade Law, and also International Conventions which have been ratified by Indonesia, namely the International Convention on Maritime Receivables and Mortgage 1993. Mortgages are collateral items, hence must fulfill the principle of publicity, namely by registering the mortgage guarantee in an open public register.
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