KEWENANGAN NOTARIS DALAM MEMBUAT AKTA KUASA MEMBEBANKAN HAK TANGGUNGAN SEBAGAI PENGGANTI SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN

• Main Authors: , MAYASARI, , Prof. Dr. Sudjito, SH, M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/97738/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52846
• Institution: Universitas Gadjah Mada

This research discusses the authority of the public notary in making Authorization Act to impose Mortgage (AKMHT) as a replacement for Power of Attorney to impose Mortgage (SKMHT). This study aims to determine the public notary authority in making AKMHT instead of SKMHT blank form, to find solutions and follow-up of a request for SKMHT blank form addressed to the Public Notary, as well as knowing the practice of making AKMHT by Public Notary as a substitute of SKMHT blank form in the working area of the Land Office in the city of Yogyakarta. This juridical normative research. Uses a type of library research using secondary data derived from the laws related materials, and field research by collecting primary data in the form of information which directly obtained on the study site. The sampling method used a non-random sampling technique to the type of respondents selected as a purposive sampling, namely taking subjects based upon particular features or trait which is closely related to the previously known population. Notary Deed according to Law Number 30 Year 2004 on Public Notary (UUJN), is the authentic deed drawn up by, and or before a Public Notary in accordance with the form and manner specified in Article 38 UUJN. This has led to an understanding if the Notary in making SKMHT should be or at least has enough authority to make AKMHT, not by filling the SKMHT blank form of the National Land Agency (BPN) in which the authority belongs to PPAT. Land Office in the City of Yogyakarta applies different practices, where the making of AKMHT is prohibited and the request to make the Authorization Act to Impose Mortgage shall not be processed further.