Indonesian Law Development on Housing Collateral

Abstract

The collateral law is a provision and rule of law governing the legal relationship between the receiver and the receivable of credit by charging a guarantee. Then in about the loading of Flats with Rescue Rights. Therefore, based on the provisions of Article 27 on mortgage law, the Flats are no longer possible guaranteed by Mortgage and Fiduciary, since the object of collateral with Mortgage and Fiduciary in flats act has become the object of collateral which is burdened with mortgage right by mortgage law. The Right to Land in the Flats can not be burdened with the mortgage right, because it is a collective land, it is only possible to be guaranteed with the Mortgage right only by the Developer at the time of building the flats, but when it was established the flats, it is no longer possible Burdened with a mortgage, which may be just the Property of the Housing Unit because it is the possession of a person who is the things that stand on the ground together.