Act No. 4 Of 1996

Original Language Title: Undang-Undang Nomor 4 Tahun 1996

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e43894f008ed6313231323535.html

! KC soil. RIGHTS TO DEPENDENTS. Guarantees Of Debt. Certificate of LAW 4-1996fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 42, 1996 (the ground. RIGHTS TO DEPENDENTS. Guarantees Of Debt. The certificate. Additional explanation in the State Gazette of the Republic of Indonesia 3632) legislation of the REPUBLIC of INDONESIA number 4 of 1996 on the RIGHTS of the LAND and THEIR DEPENDENT objects RELATED to the LAND with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that by increasing the growing national development which dotted heavy on economics, required the provision of sufficient funds is big, so it requires a strong guarantee of the rights of the institutions and is able to give legal certainty to the parties concerned , which can encourage increased public participation in development to realize a prosperous society, fair, and prosperous based on Pancasila and the 1945 Constitution;
b. that since the enactment of Act No. 5 of 1960 concerning the basic regulation of the Agrarian trees up to this time, the complete provisions on the rights of a dependent as an institution the right assurance that can be charged on the ground following or not following the objects related to the land, not yet formed;
c. that the provision regarding Hypotheek as provided for in book II of the book of civil law legislation along Indonesia regarding land, and the provisions concerning Credietverband in the Staatsblad 1908-552 as amended by Staatsblad 1937-190, which is based on Article 57 of the Act No. 5 of 1960 concerning the basic rules of agrarian issues, still in force while up to the formation of the law on the rights of the Dependents, viewed not comply again with the needs of the activities of , with respect to the development of Indonesia's economic governance;
d. that considering developments that have and will happen in the area of setting up and administration of rights over the land as well as to meet the needs of society, in addition to property rights, use rights, and the rights To a building that has been designated as a dependent Rights object by Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues, particular over land usage rights that are mandatory are listed according to their nature and transferable also, it should be possible for the rights vested with Dependents;
e. that in relation to the matters mentioned above, need to be shaped the laws that govern the rights of Dependent on the ground along with the objects related to the land, as stipulated in Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues, as well as realizing the Unification of the national law of the land;
Remember: 1. Article 5 paragraph (1), article 20 paragraph (1), and article 33 of the Constitution of 1945;
2. Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues (State Gazette Number 104 in 1960, an additional Sheet country number 2043);
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on RIGHTS of DEPENDENTS on the GROUND ALONG with the objects RELATED to the LAND.
CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. rights Dependent on the ground along with the objects related to the land, hereinafter called the rights of a dependent, the guarantee of rights is charged on land rights as stipulated in Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues, following or not following other objects that constitute a unity with the land debt repayment, for certain, that gives precedence to the position that certain creditors against the creditor-creditor;
2. The creditor is the 2 parties in a relationship of debt-receivable;
3. The debtor is a party that owes a debt in a relationship-accounts receivable;
4. Land deed official, hereinafter called the CONVEYANCER, public officials who are authorized to make the deed of transfer of land rights, the imposition of land rights certificate, and certificate granting authority imposes a dependent Rights according to the applicable legislation;
5. Certificate Awarding Dependents is a CONVEYANCER Deed that contains Dependent rights to certain creditor as security for the repayment of piutangnya;
6. The Office of the Land is national land Agency work units in the region of counties, municipalities, or other administrative area level, which performs the registration of land rights and the maintenance of the public land registry list.
Article 2 (1) rights of the Dependents have not indivisible, unless enforced by deed of Grant in the Dependants referred to in subsection (2).
(2) If a dependent Right charged on some land rights, can be exchanged in a Deed Granting the respective Dependants, that the payment of the debt secured can be done by way of installments which magnitude is equal to the value of each of the rights over the land which is part of the object of the rights of a dependent, which will be exempted from the right of the Dependents, so then it's just a dependent Right to burden the rest of a dependent object Rights to guarantee the rest of the debt that has not been repaid.
Article 3 (1) a Debt secured pelunasannya with Dependents can be either an existing debt or have been exchanged by a certain amount or the amount at the time of application for the execution of the rights of a dependent filed can be determined based on the Covenant of debt-receivable or other agreements arising from the relationship of debt-receivable question.
(2) the rights of a dependent can be given to a debt that stems from a legal relationship or to one or more debt that came from some legal relationship.
CHAPTER II RIGHTS of a DEPENDENT OBJECT of article 4 (1) land rights which can be saddled Right Dependents are: a. proprietary rights;

b. use rights Efforts;

c. Building use rights.
(2) in addition to the rights over the land as referred to in paragraph (1), the State of land usage rights are mandatory according to applicable provisions are listed and transferable by their nature may also be encumbered by the rights of a dependent.
(3) the imposition of a right Dependent on usage rights over the land property rights will be further regulated with a government regulation.
(4) the rights of a dependent may also be charged on the land rights of the following buildings, plants, and the work that has existed or will exist which is one unity with the land, and who belong to the land rights of the holder pembebanannya expressly stated in the Deed Granting the Dependants concerned.
(5) In buildings, plants, and the works referred to in subsection (4) does not belong to the holders of land rights, the imposition of Rights Dependent upon such things can only be done with the signing and Dependent upon the Deed Granting the specified by the owner or the authorized for that by him with an authentic deed.
Article 5 (1) an object the rights of Dependants may be saddled with more than one Dependent Rights in order to guarantee the payment of more than one debt.
(2) If a Dependent Rights object is burdened with more than one Dependent Rights, ranking each Dependent Rights determined according to the date of enrollment in the Land Office.
(3) Ranking Dependent Rights that are listed on the same date is determined according to the date of the making of the Deed Granting the Dependants concerned.
Article 6 When the debtor was hurt Right holder promises, the first Dependents have the right to sell the rights to the object's Dependents over its own power through a public auction as well as take full piutangnya of the proceeds.

Article 7 rights of the Dependents stay abreast of its own in the hands of whoever the object is located.

CHAPTER III RIGHTS HOLDER DEPENDANTS GIVER and article 8 (1) the giver Rights Dependent is a person an individual or legal entity that has the authority to do the deeds of the law against the rights of a dependent object is concerned.
(2) the authority to perform the Act of law against an object Dependent Rights referred to in subsection (1) must exist at the giver of Rights Dependent on time of registration Rights Agreements is carried out.
Article 9 the holder of the rights of the individual person is a dependent or a legal entity that serves as the 2 parties.

CHAPTER IV PROCEDURES for the GRANTING, registration, RIGHTS of passage, and a DEPENDENT HAPUSNYA article 10 (1) Granting Dependents preceded with a promise to give the right debt repayment guarantees as Dependents, who poured in and is part and parcel of the agreement debt-receivable concerned or other agreement which gives rise to the debt.
(2) the grant of rights to Dependents is done by making the deed Granting the right CONVEYANCER by Dependants in accordance with the legislation in force.
(3) If a dependent Rights object in the form of land rights derived from the conversion of the old rights are qualified to be registered but the listing has not been made, the granting of rights to Dependents is done simultaneously with the application for the registration of land rights is concerned.
Article 11 (1) in the Deed Granting the compulsory inclusion of dependent: a. the name and identity of the holder and the rights of Dependants: b. domicile parties as mentioned in the letter a, and if some of them who are domiciled outside Indonesia, for him it must be also noted a domicile of choice in Indonesia, and in terms of domicile that option is not specified, the CONVEYANCER place making of the Deed Granting the right of Dependants are considered as domicile chosen;
c. designation of clearly debt or debts which are secured as mentioned in article 3 and article 10 paragraph (1) d. dependent value;

e. a description of the object of the rights of a dependent.
(2) in a Deed Granting Dependents can be noted promises, among other things:


a. the promise that limit the authority of a dependent Right to rent out the giver object rights to Dependents and/or determine or change the period of the lease and/or receive rent in advance, except with the written consent of the holder of the earlier right of Dependants;
b. pledges that limit the authority of the giver of Rights Agreements to change the shape or arrangement of the layout of objects Dependent Rights, except with the written consent of the holder of the earlier right of Dependants;
c. appointment that gives the holder the right to the authority Responsible for managing the object of rights Dependent upon the determination of the Chairman of the District Court that the area of the law include the location of the Dependent object Rights in debtor seriously injure an appointment;
d. the appointment that gives the rights holder authorizes Dependents to save objects Dependent Rights, if it is necessary for the implementation of the execution or to prevent being hapusnya or suspension of rights which became the object of the rights of a dependent because it is not filled or he broke terms of the legislation;
e. the rights holder's promise that the first Dependents have the right to sell their own power over a dependent if the debtor Rights object injuries promise;
f. the promise given by the holder of the right first Dependents Dependent Rights object that will not be cleared from a dependent Right;
g. the promise that the giver of rights to Dependents will not relinquish its rights over the rights of a dependent object without the written consent of the holder of the earlier right of Dependants;
h. the promise that the holder of the rights to Dependents will acquire all or part of the damages received the giver Rights Dependent for repayment of piutangnya when the object is released right by Dependants Entitlement giver Rights Dependents or revoked her right to the public interest;
i. promise that holders of rights to Dependents will acquire all or part of the insurance money received the giver Rights Dependent for payment of piutangnya, if the object of the rights of insured Dependents;
j. the promise that the giver of Rights Dependent emptying objects of rights Dependent on time of execution Dependent Right; k. appointment referred to in article 14 paragraph (4).
Article 12 Promises that gives authority to Mortgage holder the right to have rights of a dependent object if the debtor injury promises, annulled by law.

Article 13 (1) Granting compulsory Dependents listed on the Office of the Land.
(2) not later than 7 (seven) working days after the signing of the deed of Grant Agreements referred to in article 10 paragraph (2), the CONVEYANCER required to send us the deed Granting the respective Dependents and other necessary warkah to Land Office.
(3) the registration of the rights to the Dependants referred to in subsection (1) is conducted by the Office of land by making book-Land Rights Agreements and recorded in the books of the land rights over the land which became the object of the rights of a dependent as well as copy the note on the certificate of entitlement land bags are concerned.
(4) on the books of the land rights of the Dependants referred to in subsection (3) is the seventh day after the date of receipt of the complete paperwork necessary for listing and if it falls on the seventh day of the holiday, the land in question was given dated the next working day.
(5) the rights of a dependent born on today's date book-Land Rights Agreements as referred to in paragraph (4).
Article 14 (1) as evidence of the existence of the rights of a dependent, the Office publishes the certificate Land rights of Dependants in accordance with the legislation in force.
(2) the certificate of entitlement Dependants referred to in subsection (1) contains irah irah-with the words "for the SAKE of FAIRNESS UPON the DIVINITY of the ONE TRUE GOD".
(3) the certificate of entitlement Dependants referred to in subsection (2) has the same eksekutorial with the power of the Court ruling which has acquired permanent legal force and effect as a substitute for grosse acte Hypotheek all concerning land rights.
(4) unless enforced by other land rights certificate, which has been labelled the imposition of entry Dependent Rights as stipulated in article 13 paragraph (3) is returned to the holder of the rights to the land in question. (5) the certificate of entitlement Dependants left to Right holders dependents.

Article 15 (1) power of Attorney Rights imposes a mandatory Expense made by notary deed or deed of PPAT and meet the following requirements: a. does not contain the power to perform any act other than the law imposes a dependent Right; b. do not load power of substitution;
c. clearly identifies the object of right of Dependants, the amount of the debt and the name and identity of its creditors, the names and identity of the debtor when the debtor is not the giver of rights to dependents.
(2) the power to charge Right Dependents cannot be withdrawn or not can be ended by reason of any such power of Attorney except for also being implemented or because the term had expired the time referred to in subsection (3) and subsection (4).
(3) power of Attorney Charge Dependent Rights regarding land rights already registered is mandatory for the filming of a Deed Granting Dependents not later than 1 (one) month after the given.
(4) the power of Attorney Charge Dependent Rights regarding land rights that have not been registered is mandatory for the filming of a Deed Granting Dependents not later than 3 (three) months after the given.
(5) the provisions as referred to in paragraph (3) and subsection (4) does not apply in the case of Attorney Charge Right given to Dependents of certain credit guarantees set out in the applicable legislation.
(6) power of Attorney Charge Rights Dependent that is not followed by the making of the Deed Granting the right of Dependants within the time specified as referred to in paragraph (3) or subsection (4), or the specified time according to the provisions as referred to in subsection (5) is annulled by law.
Article 16 (1) If a receivable secured by rights of a dependent switch because cessie, subrogasi, inheritance, or other reasons, the right of such Dependants join the switch because of the law to the new creditor.
(2) a dependent Right Beralihnya as referred to in subsection (1) is required to be registered by creditors who are new to the Office of the Land.
(3) the registration of the beralihnya rights of the Dependants referred to in subsection (2) is conducted by the Office of the Land with the record on the books of the land rights of Dependants and land rights over the land which became the object of the rights of a dependent as well as copy the note on the certificate of entitlement Dependants and the certificate land rights are concerned.
(4) the date of registration in the books of the land referred to in subsection (3) is the date of the seventh day after receipt of the complete papers required for the registration of beralihnya rights of Dependants and if it falls on the seventh day of the holiday, the note was given dated the next working day.
(5) Beralihnya the rights of Dependents began to apply to third parties on the day of the date of registration as referred to in paragraph (4).
Article 17 forms and contents of a Deed Granting a security, the form and content of the land rights of Dependants, and other things relating to the procedures for the granting and registration of rights to Dependents are defined and organized based on government regulations as stipulated in article 19 of Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues.

Article 18 (1) the rights of a dependent delete because things are as follows: a. hapusnya debt secured by the right of Dependants;

b. He gave up rights to Dependents by the holder of the rights of a dependent;
c. cleaning of Rights Dependent upon the determination of the ranking by the Chairman of the District Court; d. hapusnya rights over the land which is vested with rights to dependents.
(2) a dependent Right because Hapusnya is released by the holder is conducted by administering a written statement regarding the Rights he subsequently relinquished a dependent by the holder of the rights of a dependent to the giver of rights to dependents.
(3) a dependent Rights Hapusnya because a dependent Right assignment based on cleanup are ranked by the Chairman of the State court petition occurred because a buyer land rights which encumbered the Dependents so that rights are rights over land bought it cleared of load Dependent Rights as set forth in article 19.
(4) a dependent Rights Hapusnya because hapusnya land rights which encumbered the rights of Dependents does not cause hapusnya the debt that is guaranteed.
Article 19 (1) the rights of a dependent object, the Purchaser either in a public auction on the orders of the Chairman of the District Court as well as in selling voluntary, may ask the holder of the rights to Dependents so that the object bought it cleared of all Dependants entitlement burden that exceeds the purchase price.
(2) the rights of a dependent object Cleanup of load Dependent Rights referred to in subsection (1) is carried out with a written statement from the holder of the rights of a dependent that contains a dependent that he gave up Rights to overload object Dependent Rights that exceed the purchase price.
(3) If a dependent Rights object is burdened more than one Dependent Rights and there is no agreement between the holder of the rights of those on a dependent object cleanup Right Dependents of the load in excess of the purchase price referred to in paragraph (1), the buyer can apply to the head of a State Court ruling areas include layout object the rights concerned are responsible for setting the purge and at once establishes provisions regarding the sharing of the proceeds of the auction are 2 and ranked them according to the applicable legislation.

(4) the petition rights to object cleanup Dependents of the Dependents referred to bog it down in paragraph (3) may not be exercised by the buyer, if the object of purchase so it is done by selling voluntary and in deed of Grant Agreements concerned the parties have firmly memperjanjikan that the object of the rights of a dependent will not be cleared of load Dependent Rights referred to in article 11 paragraph (2) letter f of CHAPTER V of EXECUTION DEPENDENT RIGHTS article 20 (1) in case the debtor pledge injury then, based on: a. the right of the holder of the right first Dependents to sell rights to the object's Dependents as stipulated in article 6, or b. the Championship eksekutorial contained in the certificate of entitlement Dependants as stipulated in article 14 paragraph (2), the rights of a dependent object is sold through public auction, according to the procedures specified in the regulations for payment of debt holders with rights of mendahulu Dependent on creditors – creditors etc.
(2) upon agreement of the giver and the holder of the rights of a dependent object's Dependent Rights, sales may be executed under hand if by doing so it would be obtained the highest price that benefits all parties.
(3) execution of the sale referred to in subsection (2) may only be made after the passing of a 1 (one) month since notified in writing by the giver and/or holder of rights to Dependents to the parties concerned and announced a little-dikitnya in 2 (two) newspapers circulating in the area in question and/or the local mass media, as well as neither side expressed reservations.
(4) any promise to carry out the execution rights of Dependents in a manner contrary to the provisions in paragraph (1), subsection (2), and subsection (3) is annulled by law.
(5) until the time of the announcement to the auction sale is issued, as referred to in paragraph (1) can be avoided by paying off the debt secured by the right that Dependents along with the costs of execution has been issued.
Article 21 if the giver of Rights was declared bankrupt, the holder of a security Entitlement Dependants remain authorized to do any right acquired according to the provisions of this Act.

CHAPTER VI PENCORETAN HAK DEPENDENTS section 22 (1) After a dependent Right to delete as stipulated in article 18, the Office of the Land rights of the cheeky note Dependent on book-land rights over the land and sertipikatnya.
(2) with hapusnya rights to Dependents, the certificate of entitlement Dependants concerned pulled together books and land rights to Dependents is declared invalid by the Office of the Land.
(3) if the certificate referred to in subsection (2) because something cause not returned to the Office of the Land, it is recorded on the books of the land rights of dependents.
(4) application for pencoretan as referred to in paragraph (1) be filed by the parties concerned with attaching the certificate of entitlement Dependants who have been given a note by a creditor that a dependent Right to delete because the receivables secured pelunasannya with Dependents it already paid off, or a written statement from the creditors that a security has been clear since accounts receivable are secured pelunasannya with Dependents had been paid off or because the creditor relinquished rights to the Dependants concerned.
(5) if the creditors were not willing to give a statement referred to in subsection (4), the parties concerned may apply for the pencoretan command to the Chairman of the District Court area of the law include a right of Dependants in question are listed.
(6) If a petition for injunction pencoretan arising out of a dispute that is being reviewed by the Court of another Country, the petition must be submitted to the head of the district court examining the matter in question.
(7) pencoretan Application Note Rights Dependent upon State court order referred to in subsection (5) and paragraph (6) submitted to the Head Office of land by attaching a copy of the determination or ruling of the District Court concerned.
(8) Land Office doing pencoretan note Dependent Rights according to the procedures specified in the regulations that apply within 7 (seven) working days as of receipt of the petition has since referred to in subsection (4) and subsection (7).
(9) if the debt repayment is done by way of installments as referred to in article 2 paragraph (2), hapusnya Rights Dependent on the objects of the corresponding Dependents Rights recorded in the books of the land and rights of a dependent as well as the certificate on the book-land and land rights certificate which has been free from the rights of the original Dependent bog it down.
CHAPTER VII the ADMINISTRATIVE SANCTIONS of article 23 (1) the officials who violate or negligent in fulfilling the conditions as referred to in article 11 paragraph (1), article 13 paragraph (2), and article 15 paragraph (1) of this Act and/or regulations of the execution may be subject to administrative sanctions, such as: a. the word spoken;

b. the written word;

c. suspension from Office;

d. the dismissal from Office.
(2) the officials who violate or negligent in fulfilling the conditions as referred to in article 13 paragraph (4), article 16 paragraph (4), and article 22 paragraph (8) of this Act and/or regulations of the execution may be subject to administrative sanctions in accordance with the applicable legislation.
(3) sanctions as referred to in paragraph (1) and subsection (2) does not reduce the penalties which can be imposed according to other regulations in force.
(4) the provisions concerning administrative sanctions further as referred to in paragraph (1) established by regulation of the Government.
CHAPTER VIII TRANSITIONAL PROVISIONS Article 24 (1) the rights existing before the introduction of Dependants Act, which uses the terms Hypotheek or Credietverband under article 57 of the Act No. 5 of 1960 concerning the basic rules of agrarian issues are recognized, and further progress as a dependent Rights according to this law up to the end of those rights.
(2) the right referred to in paragraph Dependants (1) can use the provisions concerning the execution and pencoretannya as set forth in section 20 and section 22 after the book-land and the certificate of entitlement Dependants concerned adapted to the conditions as referred to in article 14.
(3) power of Attorney charge mortgages that exist at the time of promulgation of this Act can be used as a power of Attorney Rights Imposes Dependents within 6 (six) months since the moment of enactment of this Act, by considering the conditions as referred to in article 15 paragraph (5).
Article 25 does not conflict with all the provisions in this Act, all laws and regulations regarding the imposition of a dependent Rights unless the provisions as referred to in article 29 continue to apply until the establishment of regulations implementing this Act and in its application adapted to the provisions of this Act.

Article 26 as long as there is no legislation that regulates it, having regard to the provisions in article 14, regulation on the execution hypotheek on starting the enactment of this Act, apply to the execution of the rights of a dependent.

CHAPTER IX PROVISIONS COVER article 27 the provisions of this law apply as well as the imposition of rights guarantees above Bunk Houses and property rights over units of Flats.

Article 28 All other not specified in this Act, further provisions for implementing the legislation was enacted by legislation.

Article 29 with the enactment of this Act, the provisions concerning such as Credietverband in the Staatsblad 1908-542 jo. 1909-577 Staatsblad and Staatsblad 1909-577 as amended by Staatsblad 1937-190 jo. Staatsblad 1937-191 and provisions on the books as Hypotheek II book of civil law legislation along Indonesia regarding the imposition of a right Dependent on land rights along with the objects related to the land were declared invalid.

Article 30 of this Act may be referred to the legislation the right of dependents.

Article 31 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta on 9 April 1996 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on 9 April 1996 MINISTER of STATE SECRETARY of the REPUBLIC of INDONESIA MOERDIONO fnFooter ();