Position of the Notary's Deed of Power of Attorney to Granted Mortgage Rights (SKMHT) Which Was Rejected by The National Land Agency (BPN) Bukittinggi City Alya Dibba Chairan

Abstract

This study aims to determine the position of the Notary's Power of Attorney to Charge Mortgage Rights (SKMHT) if it is rejected by the Bukittinggi City National Land Agency Office and to determine the legal considerations of the Bukittinggi City Land Agency Office to reject the Power of Attorney to Charge Mortgage Rights (SKMHT) in the Notary Deed format. This study uses an empirical approach method, which is the real behavior (in action) of residents as a result of the enactment of normative law. The data collection technique for field research is in the form of interviews and library research using the theory of legal certainty and the theory of legal justice. Based on the research results, the basic consideration of the Bukittinggi City Land Office to reject the SKMHT in the Notary deed format is to apply the principle of caution by fully ensuring the certainty of the signatures of the parties and witnesses who should be the responsibility of the Notary. Because in the copy of the Notary deed submitted for registration there are no complete signatures from the parties and witnesses. The Bukittinggi City Land Office accepts the Notary's SKMHT if it follows the format of Attachment VIIIa of Perkaban No. 8 of 2012.