Juridical Analysis of Legal Protection on Agricultural Land Pawner After the Issuance of Law No. 56 Prp of 1960

Saniah ,Yusriana ,Sri Istiawati ,Deliani

doi:10.7176/jep/10-8-05

Abstract

This study aims to determine the legal protection of pawning of agricultural land after the issuance of Law No. 56 Prp of 1960 and also to understand the implementation of the law in the midst of the society. This study is a normative legal research using sources of legal material consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To collect legal materials, study documents are used. The conclusion is that in terms of the juridical aspects of article 7 of Law No. 56 Prp of 1960 has provided legal protection to land pawns or landowners, but when viewed from the implementation side of the regulation based on research carried out by several previous researchers, article 7 of Law No. 56 Prp of 1960 has not been implemented. The society in general still adheres to the mortgage agreement which is subject to the customary law where the mortgage transaction takes place. Keywords: Legal Protection, Land Pawn, Law No. 56 Prp of 1960 DOI : 10.7176/JEP/10-8-05 Publication date :March 31 st 2019

Highlights

Agricultural land pawnshops are not something strange to Indonesian, their existence has long been known, lived and developed in the midst of the society
After the promulgation of the Agrarian Basic Law No 5 of 1960, it was abbreviated as UUPA No 5 of 1960 on September 24, 1960, a pawn of agricultural land which was initially governed by customary law where the transaction took place, its existence is still recognized, only in UUPA No 5 of 1960 this lien is classified into temporary land rights
Article 53 UUPA No 5 of 1960 states "Rights that are temporary in nature as referred to in Article 16 paragraph 1 letter h are mortgage rights, profit sharing business rights, hitching rights and leasing rights of agricultural land, are regulated to limit the characteristics that are contrary to this law and these rights are attempted to remove it in a short time

Summary

Introduction

Agricultural land pawnshops are not something strange to Indonesian, their existence has long been known, lived and developed in the midst of the society. It can be said that almost all indigenous peoples know and practice this mortgage transaction. After the promulgation of the Agrarian Basic Law No 5 of 1960, it was abbreviated as UUPA No 5 of 1960 on September 24, 1960, a pawn of agricultural land which was initially governed by customary law where the transaction took place, its existence is still recognized, only in UUPA No 5 of 1960 this lien is classified into temporary land rights. Article 53 UUPA No 5 of 1960 states "Rights that are temporary in nature as referred to in Article 16 paragraph 1 letter h are mortgage rights, profit sharing business rights, hitching rights and leasing rights of agricultural land, are regulated to limit the characteristics that are contrary to this law and these rights are attempted to remove it in a short time

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