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Oktavia, Yossi
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Law, Crime, Criminology & Criminal Justice

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Legal Certainty Of The Time Frame For The Issuance Of Electronic Mortgages Oktavia, Yossi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6408

Abstract

The mortgage right is the only guarantee institution for land rights, regulated in the Basic Agrarian Law (UUPA) of 1960 until the enactment of the Mortgage Law (UUHT) in 1996. Since then, there has been no new regulation at the level of law that specifically governs mortgage rights. In its development, the process of registering collateral, which was initially done manually, has now transformed into an electronic system, known as electronic collateral. Based on the UUHT, the issuance of mortgage rights is regulated on the seventh day after registration, and this also applies to electronic mortgage services. However, with the issuance of Government Regulation Number 18 of 2021, one of its articles stipulates that the issuance of the mortgage right can occur before the seventh day. The difference regarding the issuance time causes a lack of synchronization between the regulations governing the Mortgage Rights. This research uses a doctrinal method, which focuses on the analysis of statutory regulations. This paper will discuss the differences between manual and electronic mortgage registrations, as well as the legal certainty regarding the issuance period of electronic mortgages following the enactment of Government Regulation Number 18 of 2021.
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