Implementation Of Mortgage Rights That Are Not Registered At The Land Office

Abstract

One of the collaterals that banks are interested in as credit collateral is mortgage rights. The existence of this mortgage right as regulated in Law No. 4 of 1996 concerning Mortgage Rights has characteristics that provide legal protection for creditors (banks). The objectives of this research are: 1). to know and analyze how the execution of mortgage rights that are not registered at the land office is carried out; 2). to know and analyze what are the obstacles and solutions to the execution of mortgage rights that are not registered at the land office; 3). to know and analyze what are the legal consequences that arise in the execution of mortgage rights that are not registered at the land office. This research uses a sociological-juridical approach, using a descriptive analytical research method. The data used are primary and secondary data, which will be analyzed qualitatively. The research problem is analyzed using the theory of legal objectives, the theory of legal certainty, and Lawrence Friedman's theory. The results of the study concluded that: 1) The execution of mortgage rights that are not registered at the land office can still be carried out with the condition that there is a guarantee from a Notary in the form of a Covernote; 2). Obstacles to the execution of unregistered land rights guarantees are: the obstacles that occur mostly come from legal obstacles which include obstacles regarding the validity period of the SKMHT and obstacles regarding the completeness of the files by the applicant which causes the emergence of non-legal obstacles such as obstacles in paying taxes, obstacles in the case of the debtor dying when the mortgage encumbrance process has not been completed and obstacles in the lack of creditor knowledge about land rights registration. The solution is that it is better to make the SKMHT after the announcement process from the ATR-BPN Office in connection with the completion of the process indicating that the third party has no objections so that it can minimize problems so that the creation of land books and the issuance of certificates can be ensured that there are no obstacles; 3). The legal consequences of executing a mortgage right that is not registered cause the mortgage creditor to not have the position of a preferred creditor as a mortgage creditor but rather the same as the position of a concurrent creditor.