Tanggung Jawab PPAT dalam Pemasangan Hak Tanggungan Elektronik Untuk Memberikan Kepastian Hukum Kepada Para Pihak

Abstract

PPAT is a public official who is given the authority to make an authentic deed of a legal action that has been determined limitatively in the legislation. One of the deeds made by PPAT is the Deed of Granting Mortgage, the legal action made with the deed is a legal act that guarantees land rights for repayment of debtors' debts to creditors. Ministerial Regulation (Permen) ATR/BPN Number 5 of 2020, PPAT is given the obligation, authority, and responsibility to register the Deed of Granting Mortgage electronically. The research method of this article uses legal research. Basically, PPAT is only responsible for the Deed of Granting Mortgage that he made. However, Permen ATR/BPN Number 3 of 1997 provides an additional obligation to PPAT to check the certificate first before taking legal action on the certificate of land rights, which is then checking the certificate is carried out electronically. If the PPAT does not carry out these obligations, it can give rise to legal responsibility for the PPAT both administratively, civilly and criminally. In UUHT, another obligation given to PPAT is registration of Mortgage Rights at the Land Office. However, with the issuance of Permen ATR/BPN No. 5 of 2020, the obligation of PPAT is only limited to uploading the Deed of Granting Mortgage for further registration of Mortgage by the Creditor (Bank). However, in practice, PPAT seems to be responsible for carrying out the entire process of the certificate that will be attached to the Mortgage, starting from certificate validation, certificate checking, deed making, to electronic Mortgage registration. Legal protection for Mortgage guarantees both for Creditors, Debtors, and third parties is obtained when the Mortgage is registered, at this time the registration is done electronically.