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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The phenomenon of registering mortgage rights electronically in a credit agreement

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Abstract

Collateral is an important factor in a bank loan. One of the frequently used guarantees is mortgage rights. Credit contracts in Indonesia have no specific rules in the Civil Code. The validity of credit contracts in Indonesia is determined by the principle of freedom of contract. The Civil Code applies to both named and unnamed contracts. This loan agreement is similar to an agreement on the loan of money or goods that have run out of use, so in the loan agreement it can be qualified as a loan of money or goods that have run out, as regulated in Articles 1754 to 1769 of the Civil Code. Code. In this case, the borrower or debtor is required to return the same compensation of a different kind and under the same conditions. Furthermore, it is also stated that interest may be attached to the contract which has been agreed upon between the parties in advance, so that the agreement may be included in the loan contract by stipulating the interest. With a lien in the loan agreement, the subject of the lien can be executed in the event of default by the debtor. In Lien Law, the principle of publicity applies, namely that the lien must be executed at the land office. This mortgage can be known to the general public. Currently, the registration of the mortgage right is carried out electronically. Electronic registration of liens is not regulated in the Law on Liens. This study aims to identify and analyze the phenomenon of registration of mortgage rights through electronic loan contracts in Indonesia. The research method used is empirical-legal, a review of legal principles, legal norms, legal regulations and implementation in society regarding the registration of electronic mortgage rights.

 

How to Cite This Article

Marjo (2022).

The phenomenon of registering mortgage rights electronically in a credit agreement

. International Journal of Judicial Law (IJJL), 1(3), 20-23.

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