The Making of Drafting a Mortgage Agreement as Security for Credit Facilities Without the Mortgagor's Consent

Abstract

This study aims to examine the obligations of Land Deed Officials (PPAT) regarding mortgage deeds not signed by mortgage providers. A crucial requirement for creating a Mortgage Deed (APHT) is that all mortgage providers must sign it in the presence of the Land Deed Officials to ensure legal validity. However, the cases examined in this research reveal instances where a Mortgage Deed were executed without the knowledge or consent of all mortgage providers, resulting in the property being encumbered with a mortgage that does not meet the Mortgage Deed creation criteria. This research employs an empirical legal research approach, utilizing field research and literature review methods, and qualitatively analyzes data through field observations and literature synthesis. The study's findings include an examination of the obligations of Land Deed Officials' responsibilities concerning unsigned mortgage deeds, encompassing potential civil, criminal, and administrative liabilities.