Analisis Yuridis terhadap Praktek Penjaminan Hak Tanggungan yang Tidak Didaftarkan oleh Kreditur Perorangan

Abstract

Collateral in the form of land is accepted because it has a high economic value and does not decrease in value. Therefore, the state regulates all the things related to land in the Basic Agrarian Law regarding regulation of land usage and supervision. The land security agency gives a strong legal certainty and protects both creditors and debtors in form of Mortgage Rights. The research discusses about the legal regulation that regulates the obligations to register the mortgage security, the legal standing of mortgage security which is not registered by personal creditors as well as the legal protection for parties in the mortgage security which is not registered by personal creditors. This normative juridical research employs secondary data consisting of primary, secondary and tertiary legal materials. Data are collected using library research technique and analysed qualitatively to obtain a descriptive research result. The result indicates that money loan is usually conducted by submitting certificate of ownership as collateral. According to UUPA (Basic Agrarian Law), the use of land certificate as collateral shall be based on Mortgage Right as collateral to pay off the debt to the creditor. Then the official letter for evidence is issued to the creditor namely certificate of mortgage consisting of a copy of mortgaged land book and copy of Deed of grant of mortgage (APHT) which shall be registered to the regional land office. However, it is found that the creditor, in practice, does not register the mortgage so it raises legal consequences.