Legal Certainty of the Deed of Granting Mortgage Rights on Certificates in Forest Area

Abstract

Land has economic, social, and strategic value and can be used as collateral in financing activities through Mortgage Rights as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Mortgage Rights are born after being registered based on the Deed of Granting Mortgage Rights (APHT) made by the Land Deed Making Official (PPAT). In practice, problems arise when the land certificate used as the object of APHT is located in a forest area so that the Mortgage Rights cannot be registered at the Land Office. This condition creates legal uncertainty for creditors, debtors, and PPAT, and has the potential to cause losses for financial institutions. This study aims to analyze the legal certainty of APHT for certificates included in forest areas as well as the resolution mechanisms and policies that can be implemented to ensure such legal certainty. This research uses normative legal research methods with a statutory and historical approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively using the theories of legal certainty, legal protection, and authority. The results of the study indicate that APHT for certificates located in forest areas cannot provide legal certainty because Mortgage Rights do not arise if they are not registered at the Land Office. Data asynchronization between the National Land Agency and the Ministry of Environment and Forestry is the main factor causing this problem. In addition, limited access and integration of forest area data causes PPAT to experience difficulties in determining the status of land objects before making APHT. The resolution mechanisms that can be carried out include administrative settlement through verification and synchronization of land and forest area data, legal settlement through lawsuits or cancellation of certificates, and strengthening the policy of integrating land and forestry information systems to ensure legal certainty for the parties.