Implikasi Hukum Pembatalan Surat Kuasa Membebankan Hak Tanggungan Pada Putusan Nomor : 663/PDT.G/2019/PN MDN

Abstract

The imposition of mortgage right on the land titles is carried out by drawing up the Deed of Mortgage Right Imposition (APHT) by the Land Title Registrar (PPAT) which is granted directly by the grantor itself. To draw up the APHT, if the grantor of the mortgage rights cannot attend before the PPAT during the drawing up of the APHT, the grantor of the mortgage rights can make a Power of Attorney of Mortgage Right Imposition (SKMHT) which will be given to someone as a representative to meet the Notary/PPAT. Therefore, SKMHT that has been drawn up certainly must fulfill the provisions regulated under the laws and regulations regarding the procedure, substances contained in SKMHT as well as its form. SKMHT must fulfill the subjective and objective requirements stated in 1320 of the Civil Code, namely identity, legality, and the capacity of the person appearing and collateral object. The Ruling Number: 663/Pdt.G/2019/PN Mdn states that the revocation of SKMHT is due to the unfulfillment of subjective requirements as the valid requirement of an agreement. Therefore, the deed of SKMHT is revoked.

This descriptive research employs a normative juridical approach. Data used to answer the research problems are secondary data and primary data gathered through library research and field research. The analysis result of Ruling Number: 663/Pdt.G/2019/PN Man states that

the revocation of Power of Attorney of Mortgage Right Imposition occurs because the land pledged as collateral with mortgage rights to the Bank is an inheritance has not been divided. Therefore, the agreement of some heirs is required to grant the mortgage rights. One of the heirs (plaintiff) feels that he has never signed any SKMHT agreement. Article 8 paragraph (2) UUHT (Law of Mortgage Rights) states that "The authority to make a legal action on the object of Mortgage Rights, which is during the Mortgage Rights registration, as referred to paragraph (1), must be carried out before the grantor of Mortgage Rights. Thus, the Judge decides to revoke the SKMHT, APHT, and Certificate of Mortgage Rights. The legal consequence of the unfulfillment of subjective requirement in the Power of Attorney of Mortgage Right Imposition is that it is declared legally

invalid so the SKMHT does not have any binding legal force and executorial title

as a ruling that has a permanent legal force, under Article 14 paragraph (3)

of Law of Mortgage Rights Number: 4 of 1996.