The Nature of Granting the Authority to Make Power of Attorney for Imposing Mortgage to the Land Deed Official

Abstract

Article 15 of the Mortgage Law has determined that SKMHT must be made with a notarial deed or PPAT deed. Historically, the forerunner of the birth of SKMHT refers to the existence of a Power of Attorney to Install Mortgages. The existence of SKMHT on the one hand provides benefits for creditors, but the dualism of the authority to make SKMHT results in inefficient conditions. This study will analyze legal reasons for granting SKMHT authority to PPAT. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach and a philosophical approach. The results of the study concluded that SKMHT became the basis for providing legal protection for creditors and became the initial means to improve the position of creditors from being concurrent creditors to preferred creditors after the SKMHT was continued with the making of APHT. The concept of reconstructing the arrangement for making SKMHT that provides legal protection is to make a Notary as the only official authorized to make SKMHT.