PERKEMBANGAN PERJANJIAN GADAI TANAH MENURUT PERSPEKTIF HUKUM DI INDONESIA

Abstract

Land pawn is handing over the land to receive payment in cash, provided that the seller of the pawn remains entitled to the return of his land by redeeming it back. In the past, customary communities often carried out an act, namely pawning land. Land is currently also used as collateral for debt repayment with agreements that are not only made between communities but can also be made in several financial service industries. The purpose of this research is to find out; what is the position of the land mortgage agreement in Indonesian law; and how is the land mortgage agreement in law in Indonesia. The research method used is normative juridical research which refers to library research through data collection then data analysis and conclusions are drawn based on deductive reasoning methods. From the results of this study, it can be concluded that the position of the land mortgage agreement in Indonesian law is that of a land transaction with a valid agreement. Land motgage in law in Indonesia continues to experience development, which was previously only based on customary law and then refined with the birth or enactment of the Agrarian Law. At present, the activity of pawning land or pledging land is used as a tool for repayment of debt which is not only carried out between communities but can be carried out in several financial service industries, such as Banks and Pawnshops.