KAJIAN HUKUM TERHADAP SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN SESUDAH BERLAKUNYA PERKABAN NOMOR 8 TAHUN 2012 DI MAGELANG

Banking institution is increasingly liked by people. The most popular banking product is credit facility. Considering the importance of certainty on fund distribution it is necessary enough collateral in giving protection and legal certainty for credit giver and receiver and other related parties. O...

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Bibliographic Details
Main Authors: , soraya isnaini, , Ninik Darmini S.H., M.Hum.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2014
Subjects:
ETD
Description
Summary:Banking institution is increasingly liked by people. The most popular banking product is credit facility. Considering the importance of certainty on fund distribution it is necessary enough collateral in giving protection and legal certainty for credit giver and receiver and other related parties. One of guarantee forms that can protect creditor interest is mortgage. Author did research to identity and analyze who have authority to make SKMHT in conveying mortgage, and to know juridical implication of SKMHT made by notary and that made by Land Deed Official (PPAT) based on Regulation of National Land Agency Chief number 8 of 2012 on conveyance of mortgage. This research used juridical empirical research method (law is viewed as norm or Das Sollen). Doing empirical approach means law as social, cultural reality or Das Sein. The problem requires field research and library research. Author conducted the research by combine law material consisting of primary and secondary law material. The research indicated that SKMHT made with notarial deed by notary or made by Land deed official depend on local land office in which object of mortgage exists. Land office of Magelang may receive SKMHT made by notary of land deed official that will be used to do mortgage registration provided that it accords policy of local land office chief. Some regions in Central Java province and Yogyakarta Special Territory have different policy in determining form of SKMHT. No uniformity in making SKMHT is a dilemma. Legislature institution should make law regulating national Land agency to make standard policy on authority of making SKMHTso there is uniformity on making and on form of SKMHT.