Legal Analysis Of The Transfer Of Land Rights In The Cancellation Of The Execution Of Mortgage Rights (Study Of Decision No. 1018 K/Pdt/2014)

Abstract

This study aims to analyze the legal position of the transfer of land rights carried out prior to the imposition of mortgage rights in relation to the execution of mortgage rights, as well as to analyze the judge’s legal considerations in annulling the execution of mortgage rights and the resulting legal consequences for the parties based on Supreme Court Decision Number 1018 K/Pdt/2014. This study was motivated by a dispute between a land purchaser who had acquired rights through a sale and purchase transaction and a mortgage rights holder who sought to execute the same object. The research method employed is normative legal research using a statutory approach, a conceptual approach, and a case approach. The legal materials consisted of primary, secondary, and tertiary legal materials, which were analyzed qualitatively through literature study and legal interpretation techniques. The results of the study indicate that the transfer of land rights occurring prior to the imposition of mortgage rights has a stronger legal position, provided that the validity of the transaction and the purchaser’s good faith can be established. The imposition of mortgage rights on land that has substantively been transferred to another party results in a legal defect in the mortgage rights, thereby rendering their execution legally unjustifiable. The judge’s legal considerations in annulling the execution were based on the protection of the purchaser’s rights that arose earlier and the principle of legal certainty. The legal consequences include the protection of the rights of a good-faith purchaser, the loss of the creditor’s right to execute the disputed object, and the continued obligation of the debtor to fulfill their obligations to the creditor. This study emphasizes the importance of legal certainty in the transfer of land rights and the application of the principle of prudence in the imposition of mortgage rights.