Legal Analysis of Transfer of Mortgage Rights Objects as Collateral for Debts & Receivables Unilaterally by Creditors

Abstract

This research aims to analyze the unilateral transfer of objects of mortgage rights. The method used by the author in this thesis research is a normative legal research method using a statutory approach as the basic basis for research and analysis based on library study materials as well as literature and other scientific works. The type of data used in this research is Normative Juridical, namely by exploring various library sources and using a statutory approach as well as a conceptual approach such as applicable laws and laws that regulate the cases raised, as well as legal sources from various journals and scientific papers that discuss legal chapters. The results of the research discussion show that the unilateral transfer of mortgage rights objects by creditors as collateral for debts carried out by means of a cessie is declared valid because a Cessie can be carried out through an authentic deed or private deed, with the main conditions. The validity of a cessie is the notification of the cessie to the debtor for approval and recognition. The debtor here is the party who has a debt to the creditor as the debt provider. So cessie is the replacement of an old creditor with a new creditor. So it is justified by the Civil Code, especially Article 613 of the Civil Code. However, rights arising from an unlawful act by another person cannot be transferred because this is contrary to public order.
Keywords: Cessie; Civil; Code; Mortgage; Transfer.