Harmonization of Online Mortgage Regulations as a Form of Legal Certainty

Abstract

Objective: The topic of this study is the obligations and role of a notary in the registration of electronic mortgages under the conditions of the 2019 Mortgage Law and the 2019 ATR/BPN Ministerial Regulation No. 9. Legal clarity in the procedures used to electronically register mortgages.   Theoritical Framework: The author employed Gustav Radbruch's theory of legal certainty to analyse the issues with this study. Legal certainty can be attained through the application of penalties to legal subjects, including people and legal entities, which places more emphasis on the process of implementation than the results of it. When it comes to taking legal action when the contract's execution is in default or even when it has been achieved, certainty offers clarity.   Method: This research is included in the category of normative legal research, which analyses laws and regulations in a coherent legal system. The comparative methodologies are used to compare laws and legal systems which contain the principles and governing norms that arise from a set of legal objectives.   Result and Conclussion: Land is important and can even be used as development capital within the framework for national development. The registrant must complete a process and satisfy requirements relating to the registration of mortgage rights before a mortgage certificate can be realized. In general, the owner must grant the mortgage himself. This enables the mortgage giver to appoint a substitute should he be unable to attend the PPAT in person. Land deed making official (PPAT) is one of the users of electronic mortgage services. Officials for drafting land deeds (PPAT) are required to be registered in the Work Partner Application since they are the institution entitled to undertake the process of registering Mortgage services online. Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 5 of 2020 on Electronically Integrated Mortgage Services provides legal certainty for mortgage givers, mortgage beneficiaries, and third parties. Using Ministerial Regulations as the legal basis for the implementation of electronic land registration is not entirely correct because, in many property dispute cases, the government loses because the regulatory criteria are too loose.   Research Implications: Implementation complies with the rules to register Mortgage Rights electronically in accordance with the provisions of Article 10 addressing the role of officials creating land deeds (PPAT) during the registration process. For the integrity and authenticity of electronic documents, the Mortgage certificate issued by the Electronic Mortgage system is given a signature using electronic devices used as verification and authentication tools. Of course legal certainty is guaranteed for all parties, both officials making land deeds (PPAT), and the Agrarian and Spatial Planning Office / Land Agency.   Originality/Value: The Law on Rights of Dependents and the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 conflict, making it impossible to apply electronic registration of dependent rights because the UUHT is still in effect and does not grant the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency delegate authority.