Pertanggung Jawaban Ahli Waris terhadap Hutang Debitur yang Telah Meninggal Dunia (Studi Akta Pemberian Hak Tanggungan Nomor 399/2022 yang Dikeluarkan PPAT di Kisaran Kabupaten Asahan)

Abstract

The loans used for business purposes have not yielded results, and in some cases, the businesses have failed. This leads to issues when the debtor cannot fulfill their obligations to repay the loan. Negligence or delays (whether intentional or unintentional) in loan repayment will result in fines imposed on the debtor as agreed upon, especially if the debtor is unable to fulfill their obligations due to their death. The research questions addressed in this study are: What is the status of a deceased debtor in the deed of granting mortgage rights mumber 399/2022 dated September 13, 2022, issued by PPAT SAT in Asahan Regency? How does the PPAT follow up on the process of registering electronic mortgage rights hindered by the debtor's prior death? What is the liability of the heirs for the debts of the deceased debtor? The research methodology employed is empirical normative legal research supported by interviews, with data collected through documentation studies, literature reviews, and interviews. The status of a deceased debtor in the deed of granting mortgage rights is legally transferred, holding the heirs responsible for repaying all the debts of the debtor as the inheritor. The PPAT's steadfast approach is to first execute the Power of Attorney to Charge Mortgage Rights (SKMHT) to ensure that the collateral provided by the deceased debtor can be electronically bound through the PPAT uploading the Deed of Granting Mortgage Rights (APHT). Heirs are responsible for the debtor's debis to provide legal protection to the creditor in extending credit to the debtor. Once the credit agreement is signed and the debtor has passed away, it becomes the heirs' obligation to repay the deceased's debts.