Keabsahan Kuasa Membebankan Hak Tanggungan dengan Surat Kuasa Membebankan Hak Tanggungan yang Dibuat oleh Notaris

Abstract

The validity of a notary deed as an authentic deed is determined in Article 1 number 1 and Article 38 of Law No. 30/2004 concerning Notary Position as amended by Law No. 2/2014 and Article 1868 BW. This provision requires the authenticity of a notary deed if the deed was made by or in the presence of a public official, the deed was made in the form and procedure (procedure) and conditions determined by law, and the public official who made the deed has the authority to make the deed concerned. Based on this provision, the power of attorney to charge Mortgage made before a Notary Public using the SKMHT provided by the land party does not qualify as a Notarial Deed, therefore not making binding force (invalid) as an authentic deed, since it is made by generally unauthorized officials and contains defects as authentic deeds. SKMHT contains a defect as an authentic deed because the form of SKMHT is not stipulated by law as required in Article 1868 BW, but only stipulated by PMNA / Perkaban No 3/1997 regarding Provisions for Implementing Government Regulation Number 24 of 1997 concerning Land Registration as amended by Perkaban No. 8/2012 and its forms did not meet the requirements as a notarial deed. Therefore according to Article 38 of Law No. 30/2004 as amended by Law No. 2/2014 and Article 1869 BW, such SKMHT deed is only located as a deed under the hand, so it does not have perfect proofing power. In connection with that, in order for the authenticity of the power to charge the Underwriting Right to be fulfilled, the form of power to impose the Underwriting Right must be made with a notarial deed by following the form and terms of the notary deed or the form of the SKMHT must be determined by law. Keywords: Authenticity of Notary Deed, Notary, Power of Attorney Imposing Mortgage Rights