This paper provides a
juridical analysis of the liability of the Land Deed Official (PPAT) in the
imposition of mortgage rights on land located in protected forest areas in
Indonesia. The PPAT's role is critical in the process of land registration and
transfer of land rights, including the creation of deeds for mortgage rights.
The responsibilities of PPATs are governed by several laws and regulations,
primarily Government Regulation Number 24 of 2016, which outlines the
requirements, duties, and ethical obligations for PPATs.
The imposition of
mortgage rights on land in protected forest areas presents unique challenges
due to the specific legal status and conservation regulations of such land.
According to the Mortgage Law, only certain types of land rights can be
mortgaged, including Ownership Rights, Business Use Rights, Building Use
Rights, and Usage Rights. Land in protected forest areas does not typically
qualify for mortgage rights, leading to potential legal issues if such land is
used as collateral.
The case in Sabang, Cot
Ba’U Village, serves as an example of the complications that arise when land in
protected forest areas is improperly used as mortgage collateral. In this
instance, the PPAT involved failed to adhere to the applicable regulations,
resulting in administrative errors and legal consequences. The PPAT issued a
Cover Note to inform the creditor, BRI Syariah, that the land was ineligible
for mortgage rights due to its protected status.
This paper aims to
analyze the authority and responsibilities of PPATs in the context of imposing
mortgage rights on land with special status, focusing on the legal and ethical
obligations of PPATs and the implications of their administrative actions. The
research employs both normative legal research and empirical legal research
methods, combining written data and field observations.
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