PEMINDAHAN PIUTANG MENURUT (CESSIE) KEPUTUSANNYA AKAN JAMINAN HAK TANGGUNGAN DI BIDANG PROPERTI RUMAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA

Abstract

The transfer of receivables can be done with collateral in the field of home property. Mortgage rights are security rights over property that are given by property owners to creditors as collateral for payment of debts or receivables. If the debtor cannot fulfill his obligations in paying debts or receivables, then the creditor can execute the mortgage to obtain payment for the debt or receivables. This study uses an empirical method. The empirical method is a research method that focuses on collecting data or information taken from experience or direct observation of the object under study. The transfer of receivables through a cessie is a legal act in which a creditor (the party owning the receivables) transfers the right to the receivables to another party, known as a cesionaris. In the context of guarantees for mortgages in the field of house property, the transfer of receivables through a cessie will affect the mortgages related to the property of the house. Guarantees for mortgages in the field of house property are regulated in the Civil Code (KUHPerdata) articles 1131 to 1161. The transfer of receivables by cessie does not affect the guarantee of mortgage rights in the field of house property that has been given by the debtor to the original creditor, but still requires fulfillment of legal requirements to ensure the validity of the transfer of receivables and protection of the rights of all parties involved. The transfer of receivables guaranteed by mortgages in the field of house property must comply with all requirements and procedures stipulated by law, including the requirements for registration of mortgage rights and the approval of all parties involved. This is intended to ensure the validity of the mortgage and minimize the risk of disputes or legal issues in the future.