Perlindungan Hukum Bagi Pemegang Hak Tanggungan Terhadap Tanah Objek Hak Tanggungan yang Dinyatakan Terlantar Oleh Pemerintah

The aims of this study are to find out status of the land rights which is become the object of mortgage and so protection and law consequences for the holder of mortgage concerning mortgage object’s land which is abandoned by the government. This study was conducted using a legal normative. The data used were secondary data. Secondary data was the data directly obtained from the primary legal materials, the secondary legal materials, and legal materials tertiary. The data collected were analyzed by a qualitative method with data collected, search, elected, and accumulate the rules in a law major which become study object. Results of study indicate that status of the land rights which is become the object of mortgage if declare abandoned by the government was become government’s land and controlled by government too. In case of the land which declare abandoned by the government apparently had a status before that was become object’s mortgage, then the mortgage would erased. But meanwhile , this was not erased the credit agreement that was happened before between creditor and debitor. protection and law consequences for the holder of mortgage concerning mortgage object’s land which is abandoned by the government has many ways. The creditor can did the family efforts to debitor but if that was not working like debitor did not want to renewal which become the object of mortgage than the creditor can used the legal efforts in court. The legal efforts means having a claim to debitor because there was a tort. Another protection’s options was declared for credit agreement was over and prosecute the debitor to pay the whole debt at that time. If the debitor can not pay the whole debt at that time, the creditor should make a renegotiations with making a new credit agreement