Legal Certainty of Article 1977 BurgerlijkWetboek Implementation Related to Credit Distribution Based on Mortgage Law in Pergadaian Industry
- DOI
- 10.2991/aebmr.k.200513.054How to use a DOI?
- Keywords
- legal certainty, pawn, PEGADAIAN, credit
- Abstract
The nature of moving objects that are easily transferred make material’s mastery difficult to ascertain whether the person who controls the object was the owner or just a holder. In response to the problematic, the legislator has established a principle of “bezitgeltalsvolcomentitel” as stipulated in Article 1977 paragraph (1) of the BurgerlijkWetboek. It encourages the authors to analyze how the implementation of Article 1977 of the BurgerlijkWetboek in the credit distribution based on mortgage law, and constraints faced in implementing the article. The research result shows that if the debtor obtains the object of the owner is made consciously and voluntarily, then the guarantee object was returned to the creditor, whereas if the debtor obtains the goods from the owner was done unlawfully, then the guarantee object is returned to the the goods actual owner.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Teja Sukma Gumelar PY - 2020 DA - 2020/05/20 TI - Legal Certainty of Article 1977 BurgerlijkWetboek Implementation Related to Credit Distribution Based on Mortgage Law in Pergadaian Industry BT - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020) PB - Atlantis Press SP - 267 EP - 270 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200513.054 DO - 10.2991/aebmr.k.200513.054 ID - Gumelar2020 ER -