Establishing fair agricultural land mortgage regulations
Author | Jenda Ingan Mahuli |
Position | University of Upmi Medan |
Pages | 281-292 |
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 4 No. 2
June, 2020
ISSN 2519-1284
Acces online at www.iipccl.org
281
Establishing fair agricultural land mortgage regulations
Jenda Ingan Mahuli
UniversityofUpmiMedan
Abstract
Amortgageis denedasa personsrelationship withthe landpossessed byanother person
who has debt from that lender. As long as the debt has not been paid in full, the land remains
in possession of the money lender (pledgor). During this temporary possession period, the
total land yields are the right of the pawnbroker which forms the debt interest. The land
redemption depends on the willingness and ability of the pledgee. A large number of
mortgages last for years, decades, and even some are passed onto the heirs of the pledgee and
the pledgor as the pledgee is unable to redeem his land.
Keywords: AgriculturallandmortgagedebtsCustomaryLawestablishingfairregulations
Introduction
Article paragraph of Law no of on Basic Regulations on Agrarian
PrinciplesofofStateGazeeoftheRepublicofIndonesiaNoSupplement
totheStateGazeeoftheRepublicofIndonesiaNohereinaerreferredtoas
BALNoofstatestemporaryrightsasreferredto inArticleparagraph
leerhincludingtherightofmortgage rightofprotsharingrightoflodgingand
rightofagriculturallandleasearesettolimittheirprovisionsconicting tothislaw
and those rights shall be abolished within a short period of time. From the contents of
Articleparagraphleerhtherighttobestudiedistherightofmortgagewhere
the object is agricultural land mortgage. This study is to elaborat on how to establish
amodeloffairagriculturallandmortgageregulationsandnotconictingtolawsand
unforcingAmortgageisasocialinstitutioninavillagewhereapersonneedsmoney
forworkbypawningouthislanduntilhecanredeemitThedenitionofagricultural
landmortgageis legallyregulated inthe GeneralElucidation ofLaw noPrpof
on Determination ofAgricultural LandArea by thePresident of the Republic
ofIndonesia hereinaerreferred toas LawNo Prp of numberleer a
namely: This regulation also regulates agricultural land mortgage. A mortgage is
denedasapersonsrelationshipwiththelandpossessedbyanotherpersonwhohas
debt from that lender. As long as the debt has not been paid in full, the land remains
in possession of the money lender (pawnbroker). During this temporary possession
period, the total land yields is the right of the pawnbroker which forms the debt
interest. . The redemption of the land depends on the willingness and ability of the
mortgaging. A large number of mortgages last for years, decades, and even some are
passed onto the heirs of the pledgee and the pledgor as the pledgee is unable to redeem
his land. In the meantime, in several regions, the term is also known as pledge where
the land does not only yield interest, but also installment. This type of mortgage is
calledinstallment sales Unlike theusual mortgage in the installment saleaer
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