Legal Protection for Creditors on Void and Null Status of the Power of Attorney to Charge Mortgage Rights

Abstract

The deed of Power of Attorney to charge Mortgage Right or known as Surat Kuasa Membebankan Hak Tanggungan (referred to as SKMHT) based on the Article 15 paragraph (3) and (4) of the Mortgage Law has a period of time, if the term is expired, the deed will be null and void by law. Then a new SKHMT is issued to replace the old Deed. The provisions regarding validity period of SKMHT harm creditors, thus a legal protection is needed. Therefore, this study further analyzed the ratio legis of void and null status, the formulation of principle of legal protection for creditors and the urgency to develop a new concept of legal protections for creditors due to the SKMHT is being void and null.