The Nature Of Authorization Institutions In The Authority Of Loading Responsibilities

Wibisono, Hari (2019) The Nature Of Authorization Institutions In The Authority Of Loading Responsibilities. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

This dissertation is entitled "The Nature of a Power of Attorney in a Power of Attorney Imposing Mortgage Rights". The title was appointed because SKMHT as stipulated in the UUHT is a unique power of attorney and has a different arrangement from the power of attorney in general as stipulated in the Civil Code. SKMHT must be made by the debtor to the creditor in the presence of a Notary or PPAT. The difference and specificity of SKMHT from the power of attorney in general are the focal point in this dissertation. Based on the description above, the formulation of the problem is regulated, namely (1). What is the legis ratio of the Power of Attorney Imposing Mortgage (SKMHT) classified as a special power that may not be substituted.(2) What is the philosophical basis for granting power of attorney in the Power of Attorney Imposing Mortgage Rights (SKMHT) cannot be withdrawn by the authorizer. This type of research is normative juridical, using statutory and conceptual approaches, as well as philosophical approaches. While the legal materials used are primary legal materials, secondary legal materials, and tertiary sources. All legal materials are collected through literature studies and processed with clarification. Legal material is then analyzed using the prescriptive method with the deductive method. The results of this research discussion are (1) Legacy Ratio of Power of Attorney Imposing Underwriting Rights (SKMHT) is classified as a special power that must not be substituted, namely to protect the legal interests of the creditor itself, where SKMHT is only made by the debtor as the giver to the creditor as the recipient only specifically for the making of APHT with its own creditor in the presence of a Notary / PPAT, in addition to providing protection for the main creditor that is the preferred creditor so as not to lose his rights and position from other creditors namely concurrent and separatist creditors. (2) The philosophical basis of the granting of power of attorney in the Power of Attorney Imposing Mortgage (SKMHT) irrevocably by the authorizer is to provide full legal protection to creditors, and besides the underlying reason is the legal principle of the agreement in the form of the principle of contract freedom, the principle of consensualism , and the principle of pacta sunt servada, so that there is only one choice, namely take it or leave it. Suggestions from the study are (1) SKMHT classified as special powers that must not be substituted must be regulated more strictly by the government in special regulations governing SKMHT within the UUHT itself. (2)The government is obliged to impose sanctions due to clear legal consequences especially in the UUHT itself if the SKMHT is withdrawn by the authorizer.

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: SKMHT, Substitution, Withdrawal
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: Didik Ahmad
Date Deposited: 21 Jan 2022 06:36
Last Modified: 21 Jan 2022 06:36
URI: http://repository.untag-sby.ac.id/id/eprint/13971

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