The Existence of Stage House as Fiduciary Guarantee: Perspective of Horizontal Separation Principle

Abstract

In principle, in horizontal separation principle, objects as a unity with land according to the law is not a part of the concerned land. Therefore, every act the law of the rights of land by itself includes such objects. This research is a normative research in supported by socio-legal research. Determination of the locus of research is arranged according to sampling unit in ordering that seen to represent the sample in Sulawesi South and West Sulawesi, Indonesia. The results show that the stage house as objects of fiduciary guarantee because have a function as owner-asset; it has economic-value that can be assessed with money, so that a house can be used as debt collateral. If that be used as debt collateral is house not along with the right to the land, then its guarantee institution is fiduciary. House that be used as debt collateral with burdened fiduciary guarantee is owned-house not rented. The horizontal separation principle can be applied to fiduciary guarantee of stage house with the mechanism of fiduciary guarantee is house by the agreement of debt receivables between home-owners as a debtor with the other party (Bank) as a creditor, the deed the imposition of fiduciary made by the notary, and registration of fiduciary guarantee to fiduciary registry office. As a sign of evidence of fiduciary guarantee is published fiduciary guarantee certificates by fiduciary registry office.

Keywords: Fiduciary; Guarantee; Horizontal Separation Principle; Stage House