PERLINDUNGAN HUKUM PENYEWA TERHADAP OBJEK HAK TANGGUNGAN YANG DIBEBANI HAK SEWA

ABSTRACT Bank is a business entity that collects funds from the community in the form of savings and distributes it to the community in the form of credit. The prudential principle of the bank determines that in providing credit to its customers Collateral or guarantee is required. Legal issues within the scope of mortgage on this study is illustrated by the condition of the lease object has been rented by the debtor to a third party without the knowledge of the creditor that ultimately the object of the mortgage right is executed. Based on that problem, this study aims to analyze and examine the legal protection of the tenant on the executed mortgage object and execution procedure to mortgage object that is leased. The type of legal research methods used in this study is the normative legal research method, which will be used with the approach of Legislation approach. Legislation approach is done by examining the problem with all regulation that related to the problem (legal issue) that is being faced. The results of the discussion summarized as the conclusion in this study are the legal protection of the tenant on the executed mortgage object leased is can be reviewed from the regulation of Article 1576 BW that said the tenant can defend his rights under the pretext of a sale, and some purchase done can not eliminate the lease, but can only defend the right limited On the leasing party by claiming compensation for the termination of the lease relationship. Legal protection of the lessee to sue the leasing party in respect of the lease arises because the leasing party has neglected his / her performance as referred to Article 1550 BW. The execution procedure of the mortgage object that is borne by the right to lease is to begin with the application of the execution and end with the execution. The request for execution shall be made by applying directly to the President of the District Court by attaching a photocopy of a court decision (a decision of the District Court, and / or Supreme Court decision) which has had permanent legal force. The party entitled to apply for execution is the party declared "win" in the court decision, whether it is done personally or through their legal counsel with special powers. Keywords: Legal Protection, Tenant, and Mortgage