BUILDING WITHOUT ACCOMPANIED BY LAND RIGHT AS FIDUCIARY COLLATERAL OBJECT

Abstract

Developing a tourism industry requires substantial funds as business capital. For those who
do not possess such funds, they can use a credit facility with collateralfrom the bank. One of
the collateral institutions in Indonesia is the fiduciary guaranteewhich is regulated by Law
Number 42 of 1999 concerning Fiduciary Guarantee (Fiduciary Law). Based on this Law,
buildings can be used as collateral without having to include their land rights. However, there
are obstacles in the implementation because to date,proof of ownership of buildings and the
occupied land in Indonesia are not separate. This research focuses on the legal certainty of
buildings without accompanied by land rights as the fiduciary collateral object. This is
normative legal research; legal materials are collected and then analyzed and presented, then
further examined to find answers to existing problems. This research concluded that for
buildings without land rights to become fiduciary collateral, the government must
immediately issue a building ownership certificate /Surat
KepemilikanBangunanGedung(SKBG) as mandated by Law Number 28 of 2002 concerning
Buildings.