Abstract

The background of this research is the existence of a Power of Attorney for

Imposing Mortgage Rights (SKMHT), which in the process aims to bind certain
credit guarantees. As is the case, this Power of Attorney for Imposing Mortgage
Rights (SKMHT) is based on the Law on Mortgage Rights (UUHT), as well as in
the making of the Deed made directly by the Notary/PPAT. The purpose of this
research is to find out the timeframe for making the Power of Attorney for Imposing
Mortgage Rights. (SKMHT) in accordance with laws and regulations. As well as
what are the legal consequences if the Power of Attorney for Imposing Mortgage
Rights (SKMHT) is not in accordance with the Law on Mortgage Rights and the
Law on Notary Positions. SKMHT is the result of an agreement between the parties
based on the Agreement Proxy, then this means that it belongs to the field of Civil
Law. The power of attorney agreement entered into by the parties and this is
included in the field of Civil Law, does not include the field of Land Law, so actually
the one who has the authority to make SKMHT is a Notary. So in the formulation
of the first problem made by the author, regarding the implementation of SKMHT
in the Mortgage Law, the result is, SKMHT has a period of 1 month, if the land
certificate has been registered, for those who have not registered, the period is
longer, namely 3 months, if the SKMHT has expired, it can be processed again, but
there are prerequisites in its management. Furthermore, in the second formulation
of the problem, the author discusses the legal consequences if the SKMHT is not in
accordance with the UUJN and UUHT, then the SKMHT is null and void by law,
or in another way, namely by making a private deed. So for the research method
that the author uses is normative juridical, with an approach based on the main
legal material related to this research.
Keywords: Mortgage, Power of Attorney