<![CDATA[The encumbrance of Mortgage Rights over land owned by a minor raises legal issues because such an action concerns the authority of parents or guardians to perform legal acts involving the child’s property. This study aims to analyze the validity of imposing Mortgage Rights over land owned by a minor and the legal consequences of such encumbrance when it is carried out without lawful authority. This study employs normative legal research using a statutory approach, a case approach, and a conceptual approach. The analysis focuses on the provisions of the Indonesian Civil Code, the Marriage Law, the Mortgage Rights Law, and Decision Number 51/Pdt.G/2022/PN Jkt.Pst. The results show that parents or guardians cannot freely use their position as legal representatives of a minor to encumber the child’s land as collateral. The validity of the encumbrance of Mortgage Rights requires lawful authority, conformity between the court authorization and the legal act performed, and the use of the child’s property in accordance with the child’s best interests. In the case examined, the court order only authorized the sale of the land and could not serve as a legal basis for imposing Mortgage Rights. Consequently, the encumbrance carried out without appropriate authority resulted in the cancellation of the SKMHT and APHT, the invalidation of the registration of the Mortgage Right, and the removal of the Mortgage Right from the land certificate. This decision demonstrates the importance of protecting the civil rights and property interests of minors in every legal action involving their assets.]]>
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