International Journal of Law, Policy and Social Review

International Journal of Law, Policy and Social Review

Online ISSN: 2664-6838
Print ISSN: 2664-682X

International Journal of Law, Policy and Social Review
Online and Print Journal   |   Indexed Journal   |   Refereed Journal   |   Peer Reviewed Journal
International Journal of Law, Policy and Social Review
2019, Vol. 1, Issue 3
Legal protection for creditors on collateral with expired building rights title

Fitria Handayani Hayu Utami, Lego Karjoko

For the creditor whose Building Rights Title is expired, resulting in the nullification of the Encumbrance right, while the credit has not been repaid, an attempt can be made by making Fiduciary deed upon the building and authorization letter to sell, that prevails temporarily since the building right tittle is expired until the new right is issued. After the new Building Rights Title is issued, the Encumbrance right is reattached to it. Another legal protection for the creditor regarding non-performing loan and the absence of Building Rights Title are in article 1131 and 1132 of Civil Code, stating that all debtors' property is general collateral of their debt. Accordingly, Bank, in providing credit facility, should be based on prudential principle, particularly when accepting Building Rights Title as collateral. A preventive attempt can be made before the Building Rights Title expires by writing an authorization letter and statement letter that can be accepted by the land affairs of office to extend the Building Rights Title
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