Draft Completion Cancellation Certificate of Mortgage Rights by the Land Office Regency Sukabumi to Achieve Legal Certainty

Abstract

Uncertainty law-related ownership of land Lots triggers disputes and conflicts with land in various regions in Indonesia. There is a certificate right canceled dependents Because exists decision court already canceled the certificate right already owned attached to rights dependents. So by canceling it certificate rights dependents become conflict land separately Because creditor holder rights dependents will feel at a loss with existing cancellation. This research aims to How the implementation of cancellation certificate rights depends on the decision the court annulled certificate rights owned by. Then How to draft a solution cancellation certificate right responsibility by the BPN or Land Office Regency Sukabumi to achieve certainty law? Type of study This is empirical legal research that is descriptive and qualitative. Primary data was obtained from the National Land Agency of Sukabumi Regency and the Cibadak District Court, then secondary data came from various documents, books, literature, magazines, newspapers, the internet, and legal regulations related to the research issue. Data collection methods used include interviews and literature study. The author applies qualitative data analysis techniques with an interactive model. From the results study and data analysis, it can be concluded that the process of making a deed of sale and purchase of land rights by the Land Deed Drafting Officer (PPAT) was carried out against the law, resulting in legal defects. Elimination of Mortgage Rights due to loss of land rights results in the creditor losing the ability to sell through auction, which is a characteristic of Mortgage Rights. Objections from creditors who hold mortgage rights are the reason for deletion. To strengthen the value of an authentic deed, such as a Deed of Granting Mortgage Rights, it is recommended to contain stronger promises to protect creditor rights during the registration process. Regulations regarding the cancellation of property rights certificates that are encumbered with mortgage rights need to be regulated to protect creditors holding mortgage rights in a preventive manner, namely preventive measures by the government based on freedom of action and methods of resolving disputes.