Irpan Husein Lubis
Batam University, Batam, Kepulauan Riau, Indonesia

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Juridical analysis of legal protection for creditors on the validity of the Power of Attorney to Encumber Mortgage (SKMHT) executed before a notary from the perspective of security law Metta Tjia; Markus Gunawan; Irpan Husein Lubis
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3421

Abstract

Purpose: This study analyzes the legal protection of creditors regarding the validity of the Power of Attorney to Encumber Mortgage Rights (Surat Kuasa Membebankan Hak Tanggungan/SKMHT) made before a Notary. It specifically examines differences in SKMHT formats between Notaries and Land Deed Officials (PPAT) and their implications for creditor protection and integration with land registration systems. Methodology: A descriptive juridical-sociological approach was employed, combining normative legal analysis with empirical research. Data collection involved statutory and literature reviews as well as field research, including interviews with notaries, PPATs, and land office officials. Results: The study reveals that creditor protection in Indonesia remains fragmented under several legal instruments such as the Civil Code, Mortgage Law, Banking Law, and Notary Law. Land offices generally require SKMHTs to comply with formats issued by the Head of the National Land Agency for integration with the electronic mortgage system (HT-el), creating challenges for SKMHTs drafted by Notaries. Conclusion: The research concludes that harmonization between the Notary Law and agrarian laws is essential to ensure uniform recognition of SKMHTs across institutions, thereby strengthening legal certainty for creditors and improving the effectiveness of the electronic mortgage registration system. Limitation: The study is limited to SKMHT implementation in Indonesia and does not include a comparative assessment with other jurisdictions. Contribution: This research contributes by identifying regulatory gaps and offering harmonization measures to reinforce creditor protection, improve procedural uniformity, and support the effective operation of the electronic mortgage registration framework.
Juridical analysis of legal protection for the implementation of option agreements for foreign citizens (foreign nationals) in apartment ownership (research study: Apartments in Batam City Meily Ferawati; Irpan Husein Lubis; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 5 No. 1 (2025): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v5i1.3435

Abstract

Purpose: This study examines the legal protection of option agreements used by foreign nationals (FNs) to acquire apartment ownership in Batam City. It evaluates the regulatory framework, practical implementation, challenges, and the extent to which such agreements provide legal certainty for both developers and FNs. Methodology: A normative juridical approach was combined with a socio-legal method. Secondary data were obtained from legislation, legal literature, and jurisprudence, while primary data were gathered through interviews with notaries, government officials, developers, and foreign buyers in Batam. Results: The findings reveal that option agreements, though widely applied, lack explicit regulation in Indonesian law. Their legal force relies on the contractual freedom principle under the Civil Code, making them valid but weak in providing ownership rights. In practice, they are often used as alternatives to bypass restrictions on foreign ownership, but this creates potential legal uncertainty, especially in cases of default, regulatory changes, or disputes. Conclusion: Option agreements serve only as contractual instruments and fail to provide comprehensive legal protection or full ownership rights for FNs under Indonesian agrarian law. Clearer statutory provisions are required to enhance certainty and prevent abuse. Limitations: The research is limited to Batam City and does not fully capture variations across other regions. Data on disputes and enforcement are also limited. Contribution: This study identifies regulatory gaps in option agreements and emphasizes the need for government intervention through clearer policies, offering recommendations for policymakers, land agencies, and notaries to enhance investor protection, legal certainty, and national sovereignty.