Legal Protection for Creditors Who Exceed the Deadline for Registering Mortgage Rights at the Batam City National Land Office

Abstract

Legal protection for creditors who exceed the mortgage registration deadline at the Batam City National Land Office is a common occurrence despite changes in the mortgage registration system from a manual to an electronic system. On the one hand, Law Number 4 of 1996 has expressly stipulated that mortgage registration must be carried out no later than 7 (seven) days after the signing of the Mortgage Grant Deed. However, in practice, delays in registration are still found because currently registration is carried out by the PPAT and continued by the creditor, which has the potential to cause a delay in registration. This study aims to analyze the legal protection for creditors who exceed the mortgage registration deadline and to analyze the legal consequences for creditors if they exceed the mortgage registration deadline. The approach method in this study is the statutory approach (Statue Approach) and the case approach (Case Study). This type of research is empirical research. The types and sources of data in this study are primary data obtained directly in the field through interviews and supported by primary legal materials, secondary legal materials, and tertiary legal materials. Using the theory of legal protection and the theory of legal certainty. The analysis in this study is descriptive. The research results show that legal protection for creditors who exceed the mortgage registration deadline can still be provided by the Land Deed Official (PPAT) by attaching a statement of delay in the deed, but this carries a fatal risk because it violates the time limit provisions as stipulated in the UUHT (Mortgage Rights Law). In this case, the Mortgage Rights Certificate (SHT) can be considered legally invalid, eliminating executorial power, and the creditor loses its position as a preferred creditor. Although data may still be entered into the BPN system, the validity of the registration is vulnerable to being challenged, resulting in a loss of certainty. However, on the other hand, the legal relationship between the creditor and the debtor remains valid and binding based on the credit agreement. The legal consequences for creditors due to the delay in registering the mortgage rights are that the delay in registering the Mortgage Rights (HT) by the PPAT results in the creditor losing its status as a preferred creditor (preferred) and risks losing collateral, because the HT will be created when registered at the Land Office. As a result, the creditor is positioned as a concurrent creditor equal to other creditors, and has the potential to not receive repayment if the debtor goes bankrupt. Furthermore, the registration process involving the creditor has the potential to increase the time lag in the registration, so it is necessary to review the rights registration system. electronically so that registration is only carried out by the PPAT.