Akibat Hukum Atas Pembatalan Akta SKMHT oleh Pengadilan yang Bersumber dari Pewarisan Karena Ketidak Sempurnaan Legal Standing (Studi Putusan No. 663/ Pdt. G/2019/PN Mdn)

Abstract

The function and use of SKMHT is as a tool to deal with cases where the person giving the Mortgage Rights cannot appear before a Notary or PPAT and the power of attorney must be given directly by the person giving the Mortgage Rights. The formulation of the problem in this research is what is the procedure for signing the APHT for the object of mortgage rights through SKMHT which originates from inheritance through SKMHT, what are the legal consequences of canceling the SKMHT deed for the object and deed of encumbrance of mortgage rights due to imperfect legal standing, and what are the legal considerations of the judge regarding Cancellation SKMHT in the credit agreement in Medan District Court Decision No. 663/ Pdt.G/2019/Pn Mdn. This research method is descriptive research using normative juridical research. The data source used in this research is secondary data. Data collection was carried out by means of library research. Data analysis in this research uses qualitative methods. The procedure for signing the APHT for the object of mortgage rights through SKMHT which originates from inheritance via SKMHT can be carried out by examining documents related to the inheritance, preparing and signing a Power of Attorney to Encumber the Mortgage Rights (SKMHT), approving the heirs, preparing and signing the APHT, and registering the APHT. The legal consequences of canceling the SKMHT deed for objects and the deed of encumbrance of mortgage rights due to imperfect legal standing are stated in Article 15 paragraph (3) or paragraph (4) of the Mortgage Rights Law and in paragraph (5) they are null and void by law. The plaintiff's lawsuit is an imperfect legal standing that the parties involved in making and signing the SKMHT do not have the legal power or authority to do so. The judge's legal considerations regarding the cancellation of the SKMHT in the credit agreement in the Medan District Court Decision No. 663/Pdt.G/2019/Pn Mdn is carried out by considering the arguments and evidence submitted by the plaintiff and defendant to make a decision.