Legal Reconstruction of Agreements Defaulting with Guaranteed Liability Rights Based on Pancasila Justice Values

Abstract

The problem studied in this research are what are the weaknesses of the current regulation on defaulting on agreements with mortgage guarantees and how is the reconstruction of the regulation of defaulting the agreement with the guarantee of mortgage rights based on the value of Pancasila justice using a sociological juridical research approach, descriptive research specifications, primary and secondary data sources, data collection methods using literature studies and field studies, data analysis using qualitative. The results of the study shows that the Weaknesses in the regulation of default on agreements with mortgage guarantees currently is that there are weaknesses, namely from the aspect of legal substance, legal structure and legal culture. From the aspect of legal substance, there are legal rules regarding the implementation of the encumbrance of Mortgage Rights in a credit agreement. Aspects of the legal structure are still not synergized by law enforcement officers and take sides with one party, in fact often do not side with consumers. From the legal culture, it is necessary to socialize to the community to emphasize the existence of legal protection. Therefore the Reconstruction of the regulation of default of agreement with guarantee of mortgage based on the value of Pancasila justice is by reconstructing Law Number 8 of 1999 concerning Consumer Protection in Article 2, Article 6, Article 14 Paragraph (3) and Article 20 Paragraph (1) of the Law. Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land and the Civil Code Article 1243.