Abstract

This paper is aimed at further researching two problems which question the role of PPAT (Pejabat Pembuat Akta Tanah) to implement credit binding in the bank. PPAT is an official certifier of title deeds which is made and used as evidence that certain legal actions have been carried out regarding land rights or ownership rights in Indonesia. This paper will also discuss the implementation of making mortgage rights on bank loans. The method used was through analytical descriptive methods with normative juridical approach. Data were collected through literature research that were analyzed qualitatively through juridical interpretation based on relations between legal principles approach based on the legal material by examining the theories, concepts, principles of law and legislation. It is found that the authority of the PPAT on granting land mortgage rights on bank loans is where the PPAT handles the implementation of credit agreements in the Bank until the granting of mortgage rights can be placed on the said land. The implementation of making mortgage rights on bank loans was followed by a promise to provide mortgage rights. The granting of Mortgage Rights is also preceded by an assurance to arrange for Mortgage Rights as a guarantee of paying off certain debts, which are set forth in the debt agreement concerned or other agreements that cause the debt.

Highlights

  • PPAT is known in Indonesian as Pejabat Pembuat Akta Tanah or official certifier of title deeds that has been known since the enactment of Government Regulation Number 10 of 1961 concerning Land Registration, which is the implementing regulation of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles or better known as UUPA

  • PPAT is an official certifier of title deeds which is made and used as evidence that certain legal actions have been carried out regarding land rights or ownership rights in Indonesia

  • It is found that the authority of the PPAT on granting land mortgage rights on bank loans is where the PPAT handles the implementation of credit agreements in the Bank until the granting of mortgage rights can be placed on the said land

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Summary

Introduction

PPAT is known in Indonesian as Pejabat Pembuat Akta Tanah or official certifier of title deeds that has been known since the enactment of Government Regulation Number 10 of 1961 concerning Land Registration, which is the implementing regulation of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles or better known as UUPA. In the regulation PPAT was initially mentioned as an official who functions to make a deed that intends to transfer the land, grant new rights or impose land rights (Harsono, 1994). PPAT is an official authorized to make deeds rather than agreements that aim to transfer land rights, grant new rights to land, mortgaged land or lend money with land rights as dependents (Perangin, 1994). Land Deed is made by PPAT which is used as evidence that certain legal actions have been carried out regarding land rights or ownership rights. PPAT is a position that is appointed and dismissed by the Ministry of Land and Spatial Planning of the Republic of Indonesia to serve the community in making the land deed in certain areas. The PPAT must liaise with the bank to issue a land deed that is required in a credit agreement to be entered into by the bank with its debtor

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