The rights of dependents as referred to in Law No. 4 of April 9, 1996 Article 1 Paragraph 1 are:
"Dependent Rights over land and objects related to land, hereinafter referred to as Dependent Rights, are security rights imposed on land rights as referred to in Law No. 5 of 1960 on the Basic Regulations of Agrarian Principles, whether or not following other things which are a union with the land, for the repayment of certain debts to other creditors. ”
Mortgage rights are also closely related to the Mortgage Granting Deed (APHT), especially for those of you who want to repay a mortgage. APHT has the main function, namely to regulate the terms and conditions related to the granting of Mortgage Rights from debtors to creditors. The granting of this mortgage is also useful as a guarantee for the repayment of the debtor's debt to the creditor.
Object of Liability Rights
The following are the objects of liability:
- Land rights, namely Hak Milik (HM)
- Business Use Rights (HGU)
- Building Use Rights (HGB)
- Right of Use
- Ownership of Flat Units (HMASRS).
Procedure for Filing Mortgage
- Come to PPAT/ Notary to make a Deed of Assignment of Liability Rights (APHT)
- If you already have an APHT, a registration application can be submitted to the land agency by filling out the form provided.
- Pay the registration fee for Mortgage Rights and Non-Tax State Revenue (PNBP) according to the Deposit Order (SPS) at the land office.
Terms of Charge of Dependent Rights
Based on the Law of Dependents (UUHT), the following conditions for the imposition of Dependents that must be known:
- Granting Mortgage must begin with an agreement to grant Mortgage which is useful as a guarantee for repayment of debt.
- Mortgage can only be granted if it meets the specialization requirements, namely the name and clear identity of the holder and provider of the Mortgage, the domicile of both parties, the appointment of the debt clearly, a description of the debt, and the value of the mortgage
- Granting Mortgage must fulfill publicity requirements which can be done by registering Mortgage at the local Land Office along with referrals for the sake of Justice Based on the One Supreme Godhead.
- The Mortgage Certificate must be accompanied by an executorial title.
- If the debt repayment agreement that has been agreed upon cannot be fulfilled by the debtor, then the holder of the Dependent Rights is entitled to have power over the object of the Dependent Rights.
- Granting Mortgage must first be registered with the Land Office as evidence, then the Land Office will issue a Mortgage Certificate.
- Dependent Certification has the same function as a court decision that has permanent legal force.
- Based on the mutual agreement between the grantor and the holder of the Dependent Rights, the sale of the dependent object can be done under hand when it will indeed generate the highest profit.
- The sale under the hands, however, can only be made after one month has passed after being notified in writing to the parties concerned, and at least having been published in two newspapers in the local area concerned.
- The power of attorney for the imposition of Liability Rights must be created with a notarial deed or PPAT deed
- The execution of Mortgage Rights can be carried out like the execution of a Court decision with permanent legal force.
- Execution begins with a warning and ends with an auction of land encumbered with Mortgage Rights.
- After the auction is conducted, the money from the auction is handed over to the creditor. And then, the land will be expropriated and handed over to the auction buyer.
- The sale or auction of a fixed object must be announced twice with an interval of fifteen days in a newspaper or mass media published in the city where the object is auctioned or a nearby city.