Responsibility of Notary/PPAT for Deeds of Granting Mortgage Rights that Are Void Law Due to Formal Defects Case Study of Supreme Court Decision Number 3232 K/PDT/2017

Abstract

The Deed of Granting of Mortgage Rights (APHT) is an important instrument in the imposition of Mortgage Rights which gives a priority position to the creditor. The validity of the APHT is largely determined by the fulfillment of formal requirements in its preparation. Formal defects can cause the APHT to lose its authentic force or even be null and void by law, so that the Mortgage Rights are not created and the creditor can lose its preferential position. This study aims to analyze the responsibility of Notaries/PPATs towards APHTs that are null and void by law due to formal defects, obstacles in granting Mortgage Rights, and analyze the Supreme Court Decision Number 3232 K/Pdt/2017. The research method used is normative juridical with a statutory, conceptual, and case approach. Legal materials are obtained through literature studies and analyzed descriptively-qualitatively. The results of the study indicate that Notaries/PPATs can be held accountable civilly, administratively, and criminally if proven to have committed errors, negligence, or deliberate actions that cause formal defects in the APHT and cause losses. Obstacles in granting Mortgage Rights include incomplete documents, low legal understanding of the parties, time constraints, issues of authority and work area, land administration constraints, the HT-el system, weak supervision, and pressure in banking practices. Supreme Court Decision Number 3232 K/Pdt/2017 shows that legal defects in the basis for acquiring land rights can impact the Mortgage Rights imposed on it. Therefore, it is necessary to apply the principles of prudence, professionalism, supervision, and improve the competence of Notaries/PPAT.