SERTIPIKAT HAK MILIK YANG DIAKUI SEBAGAI ASET PERSEROAN TERBATAS DAN MENJADI JAMINAN ATAS HUTANG PERSEROAN DI BANK

CHATIB, IDRUS MAULANA and Muntaqo, Firman and Mansyur, Amin (2019) SERTIPIKAT HAK MILIK YANG DIAKUI SEBAGAI ASET PERSEROAN TERBATAS DAN MENJADI JAMINAN ATAS HUTANG PERSEROAN DI BANK. Master thesis, Sriwijaya University.

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Abstract

National economic development is carried out based on economic democracy with the principle of togetherness, efficiency that is equitable, sustainable, environmentally sound, independent, and maintaining a balance of progress and national economic unity which aims to realize the welfare of society. Such is the sound of one of the considerations in Law Number 40 of 2007 concerning Limited Liability Companies. The Limited Liability Company is currently one of the pillars in the business world to face developments and increase the pace of the economy. As a legal entity, a Limited Liability Company has rights as other legal subjects, such as the right to own land rights. Ownership of a Limited Liability Company on a land right has a limitation where a Limited Liability Company cannot own land with ownership rights. Property rights to land can only be owned by individuals and legal entities stipulated by the Government in accordance with Government Regulation Number 38 of 1963 concerning the Appointment of Legal Entities that Can Have Ownership of Land. At present, with the limitation conditions, Limited Liability Companies are still found which place their land rights in the title of ownership rights on behalf of individuals, generally the Directors. In developing its business a Limited Liability Company requires the availability of funds or capital which at this time is often obtained through loans or credit to banking institutions. To guarantee the credit facility of the Limited Liability Company uses a certificate of ownership on behalf of the Board of Directors that is recognized as belonging to the Company based on a statement and recording in the Company's financial statements. A statement stating that the Company is the actual owner of a land title is not a legal certainty, but the recording in the financial statements is a legitimate acknowledgment that an asset belongs to a Limited Liability Company. The registration must be followed up with changes to the name and status of the land so that it is legally owned by the Limited Liability Company, as long as this is not done, the Limited Liability Company does not have the right to carry out legal actions related to the land.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Land Rights, Property Rights, Limited Liability Companies, Mortgage Rights, Protection of Creditors' Interests.
Subjects:	K Law > K Law (General) > K1500-1578 Industrial property K Law > K Law (General) > K7200-7218 Property
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 2423 not found.
Date Deposited:	09 Oct 2019 07:28
Last Modified:	09 Oct 2019 07:28
URI:	http://repository.unsri.ac.id/id/eprint/11282

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