KEDUDUKAN HUKUM SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PEMBERIAN FASILITAS KREDIT PEMILIKAN RUMAH SUBSIDI

Abstract

This study aims to understand and analyze the legal position of the power of attorney used to enforce mortgage rights in order to provide subsidized house ownership credit. This pertains to both Article 15 paragraph 5 of Law Number 6 of 1994 concerning Mortgage Rights, which provides an exception regarding the time period for the power of attorney to guarantee certain credit, and Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 22 of 2017, which establishes the time limit for using this power of attorney. Using original data from field research, this paper employs an empirical legal method. With a population and a deliberate non- random sampling procedure, the approach is descriptive analytical. The study's conclusions indicate that the power of attorney to impose mortgage rights functions as a guarantee to the creditor as well as a license given to the mortgage holder or another individual to act on behalf of the mortgage grantor before the PPAT throughout the process of imposing mortgage rights. Article 1276 of the Civil Code states that if the debtor defaults or makes late payments, the creditor may take legal action to enforce the agreement, claim damages, or terminate the arrangement with compensation.