Andien Hasea S
Universitas Djuanda

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Land Office Responsibility for Mortgage Rights Continuity Following Partial Land Transfer Due to Regional Expansion Andien Hasea S; Achmad Jaka Santos; Nova Monaya
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24755

Abstract

Mortgage Rights (Hak Tanggungan or HT) serve as the strongest credit collateral instrument in Indonesian property law, frequently utilizing the Certificate of Right to Cultivate (SHGU) in the plantation sector. Normatively, creditors are secured by the principles of droit de suite and droit de preference under Law Number 4 of 1996 (UUHT). However, regional expansion poses legal uncertainty when burdened land undergoes administrative mutation the transfer of land records from the original land office to a newly formed regional land office. This study analyzes the implementation of HGU validity extensions under mortgage rights following regional expansion and examines the legal protection available to mortgage-holding creditors facing partial administrative mutations. Employing a normative juridical method with statutory and conceptual approaches, the study reveals two main findings: HGU Extension Mechanism: Regional expansion is a consequence of administrative decentralization. To maintain structured and continuous HGU extensions, active inter-office coordination between the involved land offices is mandatory. Creditor Legal Protection: Normative legal protection remains intact through the statutory enforcement of droit de suite and droit de preference under the UUHT, despite territorial and administrative adjustments. Nevertheless, more comprehensive technical regulations are required to establish absolute legal certainty and procedural clarity for all parties involved in mutated mortgage guarantees.