Indonesian Commercial Code

Oct 13, 2025 by windailys.com 90 views

Juridical Analysis of the End of the Time Period of the Power of Attorney Charges the Right to Mortgage on the Guarantee in Solving the Certificate

Introduction

The power of attorney charges the Underwriting Right is a document that has a temporary nature and is given by the debtor to the bank to impose the Underwriting Rights to the Object of Guarantee. However, when this power of attorney is used in the context of home purchases whose certificates are still in the process of solving, various problems arise. The process of solving the certificate that takes time can make the power of attorney impose the Right to end before the process is complete. Even so, the practice of using this power of attorney in the banking world continues.

In this paper, we will dig deeper about the implementation of credit that uses land guarantees in the process of solving certificates. We will also analyze the legal position of the Power of Attorney to impose the Mortgage Rights that have ended and legal efforts that can be made if there is a bad credit or default from the debtor.

Legal Context and Banking Practice

The use of power of attorney charges the Underwriting Right in the banking world is a common practice. However, the complexity of the problems that arise from the use of this power of attorney is often overlooked. This study adopts an analytical prescriptive approach using normative juridical and empirical juridical methods. The data used includes primary and secondary data, as well as the results of interviews that support literature data. By using qualitative analysis, the results of the study show that the guarantee of land that is being solved by the certificate begins with the signing of the credit agreement as a principal agreement and the power of attorney charges the Underwriting Rights as an additional guarantee agreement.

The extension of this power of attorney becomes crucial when it ends before the completion of the certificate is complete. If the extension is carried out without the presence of the giver and recipient of the power in front of the notary and witnesses, this can result in a notary deed/PPAT is considered as proof of underneath and null and void.

The Importance of Understanding the Legal Position of the Power of Attorney

In a situation where the power of attorney charges the Mortgage Right has ended, it is essential for the bank to understand the legal position of the power of attorney. The bank must be aware of the legal steps that can be taken to protect their rights. Non-litigation legal efforts that can be done include:

Mediation: Is the first step that is expected to resolve the dispute without the need for court.
Making a statement letter: Preparation of formal documents that show a new agreement between the parties involved.
Sales of collateral objects through private auctions: Selling guaranteed assets to get funds back.

Meanwhile, litigation steps such as confiscation of guarantees and loading of mortgage rights through court determination can also be taken if the non-litigation approach does not produce results.

The Role of the Bank in Protecting Their Rights

The bank plays a crucial role in protecting their rights when the power of attorney charges the Mortgage Right has ended. The bank must be proactive in taking legal steps to protect their interests. The bank must also be aware of the legal position of the power of attorney and the applicable laws.

Conclusion

Seeing the complexity of the problems that arise from the use of power of attorney charges the Right to guarantee which in solving the certificate, is very important for related parties to understand the applicable laws. By adopting the right approach, both from the legal and practical side, the bank and debtor can find a mutually beneficial solution and reduce the existing risks. The existence of clear regulations and appropriate legal action will help minimize the impact of bad loans and protect the interests of all parties.

Recommendations

Based on the findings of this study, the following recommendations are made:

The bank must be proactive in taking legal steps to protect their rights.
The bank must be aware of the legal position of the power of attorney and the applicable laws.
The debtor must be aware of the legal implications of the power of attorney charges the Mortgage Right.
The government must establish clear regulations and guidelines for the use of power of attorney charges the Mortgage Right.

By following these recommendations, the bank and debtor can find a mutually beneficial solution and reduce the existing risks. The existence of clear regulations and appropriate legal action will help minimize the impact of bad loans and protect the interests of all parties.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the power of attorney charges the Mortgage Right in the context of home purchases. Secondly, the study only analyzes the legal position of the power of attorney and the applicable laws. Finally, the study only provides recommendations for the bank and debtor.

Future Research Directions

This study provides several future research directions. Firstly, the study can be extended to include other types of guarantees, such as personal guarantees. Secondly, the study can be extended to include other types of credit agreements, such as consumer credit agreements. Finally, the study can be extended to include other countries and jurisdictions.

References

This study uses a variety of sources, including primary and secondary data, as well as the results of interviews that support literature data. The references used in this study include:

Indonesian Civil Code
Indonesian Commercial Code
Banking Regulations
Interviews with banking experts

By using these references, this study provides a comprehensive analysis of the power of attorney charges the Mortgage Right and the applicable laws.
Frequently Asked Questions (FAQs) about the Juridical Analysis of the End of the Time Period of the Power of Attorney Charges the Right to Mortgage on the Guarantee in Solving the Certificate

Q: What is the power of attorney charges the Underwriting Right?

A: The power of attorney charges the Underwriting Right is a document that has a temporary nature and is given by the debtor to the bank to impose the Underwriting Rights to the Object of Guarantee.

Q: What is the purpose of the power of attorney charges the Underwriting Right?

A: The purpose of the power of attorney charges the Underwriting Right is to provide an additional guarantee for the bank in case the debtor defaults on the loan.

Q: What happens if the power of attorney charges the Underwriting Right ends before the completion of the certificate?

A: If the power of attorney charges the Underwriting Right ends before the completion of the certificate, it can result in a notary deed/PPAT being considered as proof of underneath and null and void.

Q: What are the legal steps that can be taken by the bank if the power of attorney charges the Underwriting Right has ended?

A: The bank can take non-litigation legal efforts such as mediation, making a statement letter, and sales of collateral objects through private auctions. If the non-litigation approach does not produce results, the bank can take litigation steps such as confiscation of guarantees and loading of mortgage rights through court determination.

Q: What is the role of the bank in protecting their rights when the power of attorney charges the Underwriting Right has ended?

A: The bank plays a crucial role in protecting their rights when the power of attorney charges the Underwriting Right has ended. The bank must be proactive in taking legal steps to protect their interests and be aware of the legal position of the power of attorney and the applicable laws.

Q: What are the recommendations for the bank and debtor to find a mutually beneficial solution and reduce the existing risks?

A: The bank and debtor can find a mutually beneficial solution and reduce the existing risks by being aware of the legal position of the power of attorney and the applicable laws, taking proactive legal steps to protect their interests, and establishing clear regulations and guidelines for the use of power of attorney charges the Mortgage Right.

Q: What are the limitations of this study?

A: This study has several limitations, including only focusing on the power of attorney charges the Mortgage Right in the context of home purchases, only analyzing the legal position of the power of attorney and the applicable laws, and only providing recommendations for the bank and debtor.

Q: What are the future research directions for this study?

A: This study provides several future research directions, including extending the study to include other types of guarantees, such as personal guarantees, extending the study to include other types of credit agreements, such as consumer credit agreements, and extending the study to include other countries and jurisdictions.

Q: What are the references used in this study?

A: This study uses a variety of sources, including primary and secondary data, as well as the results of interviews that support literature data. The references used in this study include the Indonesian Civil Code, the Indonesian Commercial Code, banking regulations, and interviews with banking experts.

Q: What is the conclusion of this study?

A: This study concludes that the power of attorney charges the Underwriting Right is a complex issue that requires a thorough understanding of the legal position of the power of attorney and the applicable laws. By adopting the right approach, both from the legal and practical side, the bank and debtor can find a mutually beneficial solution and reduce the existing risks. The existence of clear regulations and appropriate legal action will help minimize the impact of bad loans and protect the interests of all parties.