Lisna Mariatun, Hadin Muhjad

ELECTRONIC REGISTRATION OF SECOND RANK MORTGAGE RIGHTS ON COLLATERAL OBJECTS WITH ADMINISTRATIVE VILLAGE CHANGES

Introduction

Electronic registration of second rank mortgage rights on collateral objects with administrative village changes. Analyze electronic second-rank mortgage registration on collateral with administrative village changes in Kapuas. Find legal solutions for updating location data and maintaining creditor position via SKMHT & APHT.

Abstract

The purpose of this research is to analyze the registration of Second-Ranking Electronic Mortgage (Hak Tanggungan) over collateral objects that have undergone an administrative change in their urban village (kelurahan) designation, with a case study in Selat Subdistrict, Kapuas Regency. The type of research used is normative legal research, which involves inventorying and analyzing statutory regulations. The nature of the research is prescriptive-analytical, aimed at finding legal solutions to existing issues from the perspective of the researcher.The first research finding reveals that the registration of a second-ranking electronic mortgage over a collateral object that has experienced a change in administrative location (from Selat Tengah to Selat Barat) cannot be carried out if the first-ranking mortgage has already been registered. This is because an administrative update to the collateral object’s location must first be conducted. In the Computerized Land Activities System (KKP), a collateral object already encumbered by a first-ranking mortgage is registered as an active mortgage record until that activity is concluded through a mortgage release (roya). Therefore, to update the location from Selat Tengah to Selat Barat, the existing mortgage record must be closed first. The second finding shows that, as an effort to maintain their position as the holder of the first-ranking mortgage, the creditor may based on the Mortgage Law (UUHT) ssue a Power of Attorney to Grant Mortgage (SKMHT) in accordance with Article 15 of the UUHT, followed by the release of the first-ranking mortgage based on Article 18 paragraph (1) letter b, which allows the mortgage to be released by the mortgage holder. Afterward, the administrative location update of the collateral object from Selat Tengah to Selat Barat can be processed. Once the data has been validated, the creditor can then execute a new Deed of Granting Mortgage (APHT) to re-register the first-ranking mortgage based on the SKMHT.

Review

This research tackles a highly specific and practical challenge within Indonesian land administration and mortgage law: the electronic registration of second-ranking mortgage rights when the collateral object has undergone an administrative change in its village designation, particularly when a first-ranking mortgage is already in place. Employing a normative legal research methodology with a prescriptive-analytical approach, the study aims to provide concrete legal solutions to this intricate issue, drawing on a case study from Selat Subdistrict, Kapuas Regency. The abstract effectively sets the stage for a pertinent inquiry into the practical application of mortgage registration laws in the context of evolving administrative boundaries and digital land systems. A significant strength of this work lies in its identification and detailed analysis of a critical administrative bottleneck. The first finding clearly articulates that the Computerized Land Activities System (KKP) prevents the update of a collateral object's location if it's encumbered by an active first-ranking mortgage, thus precluding the registration of a second-ranking mortgage until this administrative discrepancy is resolved. The paper's most valuable contribution is its second finding, which meticulously outlines a viable legal pathway to overcome this obstacle. By proposing a mechanism involving the creditor's issuance of a Power of Attorney to Grant Mortgage (SKMHT), a temporary release of the first-ranking mortgage, subsequent location update, and re-registration of the first-ranking mortgage, the research offers a well-structured and legally grounded solution, demonstrating a deep understanding of Indonesian Mortgage Law (UUHT). While the proposed solution is robust, the abstract could benefit from further elaboration on potential implications or risks. For instance, a discussion on the period of vulnerability during the temporary release of the first-ranking mortgage, even with an SKMHT, would enhance the practical advice. Additionally, although the title emphasizes "second-ranking mortgage rights," the detailed solution primarily focuses on enabling the administrative update through manipulation of the first-ranking mortgage. A clearer explanation of how the *second-ranking* mortgage is subsequently processed and registered once the location update is complete would strengthen the direct link to the stated objective. Nevertheless, this research provides a highly relevant and practical contribution to land law and mortgage practice in Indonesia, offering a clear framework for navigating complex administrative and legal requirements in an evolving digital registration landscape.

Full Text

Comments

You need to be logged in to post a comment.