Legal Certainty On Customary Land As The Object Of Lien Rights Guarantee In The Power Of Lien Made By A Notary/Ppat

Abstract

The accessoir agreement in the main credit agreement is an agreement related to collateral. The object of collateral can be Customary Land, as in Article 10 paragraph 3 of the Mortgage Law. The collateral is bound by the existence of a Power of Attorney to Charge Mortgage Rights or a Deed of Granting Mortgage Rights. In practice, there is still customary land that does not have a certificate. Customary land that does not have a certificate has a period of Power of Attorney to Charge Mortgage Rights for 3 months which must then be followed by the making of a Deed of Granting Mortgage Rights. If the Power of Attorney to Charge Mortgage Rights is not followed by the making of a Deed of Granting Mortgage Rights, it becomes null and void by law. Therefore, it is necessary to register customary land to be proof of perfect ownership.