| dc.description.abstract | There are two ways in executing mortgage rights, i.e., first, transferring the mortgage right by issuing mortgage
deed (APHT) by the Land Deed Official (the PPAT) by making guaranteed debt agreement initially. Second,
registration at the Land Office as the issuance of mortgage rights. Provision of the General Explanation of
paragraph 7 (seven) of the Act Number 4 of 1996 on Mortgage rights on Land and Land-Related Objects,
referred to UUHT, stated that "in transferring the mortgage, the lender should attend before the PPAT, or
appointing other party to present on his behalf with the Power of Attorney to charge for Mortgage Rights
(SKMHT) in form of an authentic deed." By this provision, the SKMHT is made based on a certain circumstance
(optional). Inversely, the Article 15 Paragraph (2), Paragraph (3), Paragraph (4) of the UUHT regulates the
period of SKMHT, and Article 15 Paragraph (5) of the UUHT states that SKMHT is used to guarantee a certain
type of loan. It is supported by the ratification of PMA No. 4 of 1996 concerning Determination of the Deadline
for the Use of Power of Attorney to charge for Mortgage rights to Guarantee Certain Credit Settlement, which
are then replaced with PMA No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of
Attorney to charge for Mortgage rights to Guarantee Certain Credit Settlement. Under the provision, the
SKMHT is used as a quasi-collateral. Thus, a legal reform of the SKMHT is important to realize the legal
objectives, namely, legal justice, certainty and expediency, both for the community and stakeholders. | en_US |
