KEDUDUKAN BANK SEBAGAI KREDITUR TERHADAP OBYEK JAMINAN BERUPA HAK ATAS TANAH YANG BELUM BERALIH SESUAI DENGAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN

Abstract

Not every object of collateral submitted by the debtor can be directly charged with the mortgage, especially the collateral submitted by the debtor who has not yet transferred on their behalf. Mortgage rights can only be charged back for this guarantee if the certificate of land rights has been processed and registered in the name of the debtor. The binding of the guarantee on the collateral submitted is only done by making a Power of Attorney to impose Mortgage Rights (SKMHT). In accordance with the provisions of Article 15 paragraph (4) of Law Number 4 of 1996 concerning Mortgage Rights, it is stated that SKMHT regarding land rights that have not been registered must be followed by making a Mortgage Deed (APHT) no later than 3 (three) months after being granted. If within the period of 3 (three) months the certificate has not been completed, the SKMHT will be invalid and cannot be used for making APHT for the object of this guarantee. The research method used is a normative method, this means that this legal research is obtained by way of or focusing on norms and through library research by collecting secondary data. The conclusion of this study is that the position of the bank as a creditor to the object of collateral in the form of land that has not yet been legally transferred to creditors still has clear legal force by binding SKMHT (Power of Attorney to impose Mortgage Rights). Where the period of SKMHT signed by the debtor in accordance with the legislation is 1 (one) month since the signing of the SKMHT deed / since the credit agreement was signed. Meanwhile, the mechanism for imposing mortgage rights on the object of collateral in the form of land that has not been transferred first. The debtor and seller sign the Sale and Purchase Agreement and the Authorization to Sell. At the same time, the debtor and the bank sign the SKMHT which is valid for 1 (one) month since the signing.