JURNAL ILMIAH LIVING LAW
Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law

Land Office Responsibility for Mortgage Rights Continuity Following Partial Land Transfer Due to Regional Expansion

Andien Hasea S (Universitas Djuanda)
Achmad Jaka Santos (Universitas Djuanda)
Nova Monaya (Universitas Djuanda)



Article Info

Publish Date
25 Aug 2026

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.

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Journal Info

Abbrev

livinglaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and ...