Implikasi Hukum Peraturan Pelayanan Hak Taggungan Secara Elektronik Terhadap Ppat Dan Kreditur Di Kota Yogyakarta

Abstract

This legal writing aims to examine the legal implications of implementing electronic mortgage service regulations for PPAT and creditors in the city of Yogyakarta. This type of research is normative with a statutory approach and a conceptual approach with qualitative analysis methods. The results of this study conclude that, first, the legal implications of the issuance of PM ATR/BPN No. 5 of 2020 on PPAT and Creditors are: (i) to creditors, they are obliged to submit applications for registration of Mortgage Rights directly through the electronic system and have the authority to print records of encumbrance of rights. Dependents to be attached to the certificate of Land Rights that are guaranteed, (ii) the PPAT need only to submit the APHT through the electronic system and guarantees the validity of the supporting documents contained in the statement sent via the electronic system. Second, regarding the application of Article 10 paragraph (3) of the Mortgage Law against PM ATR/BPN No. 5 of 2020 is that for electronic Mortgage services, it is not possible to use Land Rights that have not been registered as they have not been inputted into the system as in the HT-el system, one must have a land right in which there is a certificate number for that right. When there are Land Rights that have not been registered to be used as collateral for Mortgage Rights, they must be converted or registered in parallel.