Juridical Study Of Unregistered Land As A Guarantee In The Framework Of Empowerment Micro Small And Medium Enterprises

Abstract

Not all Indonesian lands have been registered and have land certificates. The history of land ownership includes the hereditary land tenure which is referred to as customary rights. According to customary law the land is owned by the customary law community. They can benefit from the natural resources of the land. The existence of land is used as a place to build houses, farming land, gardening and others, so that it becomes a basic need in sustaining life. In order to obtain business capital, land can be used as collateral for banks, cooperatives and or other financing institutions. But usually the requirement to be used as collateral is a land certificate. Land that has not been registered can also be used as collateral for the bank, because the implementation of binding collateral for unregistered land is also regulated in the Mortgage Law Number 4 of 1996 concerning Mortgage Rights. By making it easy for the community to obtain business capital by utilizing existing resources such as unregistered land, it can support economic growth for the community. The reason for taking this title is to study and provide insight into agrarian law, guarantee law and land policy. The methodology of this study uses normative studies and literature studies. The conclusion of this study is that the agrarian law policies and laws and regulations that have been formed can bring prosperity, welfare and justice to the State and the people, especially for small and medium micro enterprises and banks or other financial institutions and obtain legal certainty.