Bangunan di Atas Tanah Hak Pengelolaan Sebagai Obyek Jaminan

Management Rights is part of the control rights of the State which performance authority is partly assigned with substitution rights to the right holder, namely Government institution, Local Government, State-Owned Enterprise (BUMN), Departments, Directorates, and Autonomous Regions. So as the case with the Management Righst held by Surabaya City Local Government, that is further assigned to the people of Surabaya City in the form of land Usage License. The Management Rights assigned to the third party can be used as Collateral for debt payment. However, there is different provision applied to the collateral agency between the Management Rights issued to the third party in general and the Management Rights held by Surabaya City Government and assigned to the people of Surabaya city. This study is a juridical normative study with statue approach and conceptual approach. The result of discussion in this study is that first, the Characteristics of Land Management Rights in Surabaya city to be collateral object is the management Rights held by Surabaya city government assigned to the third party according to LOCAL REGULATION Number 1 of 1997. It shall serve as the permit issued by the Mayor or the assigned Officer to use the land instead of use rights or other entitlements to a land as regulated in UUPA, so that it cannot be encumbered with any mortgage rights. By virtue of Circular Letter No.C.HT.01.10-22 issued by Republic of Indonesia Law and Human Rights Department Public Administration General Director on March 15, 2005 that: “a building erected on the land of proprietary rights that belongs to another party and cannot be encumbered with any Mortgage Rights but fiduciary. Second, the Collateral agency assigned for a building erected on the land of management rights facility is according to Regulation Number 1 of 1977 issued by the Minister of Domestic Affairs that is relevant to Government Regulation Number 40 of 1996. The holder of management rights shall be entitled to select which entitlement to the land that can be assigned to a third party, whether it is proprietary rights, to make use of government’s land rights or use rights, so that it can be encumbered with mortgage rights. Whereas, for the Building erected on the Land of Management Rights Facility that belongs to Surabaya city government can be guaranteed by the Fiduciary agency