<![CDATA[The encumbrance of mortgage rights must be executed through an authentic deed to ensure legal certainty and protect the banking sector in credit disbursement. The form, content, and procedure for executing the deed of granting mortgage rights by a land deed official, which serves as the basis for encumbering mortgage security over a credit facility, are determined by the Regulation of the Head of the National Land Agency Number 8 of 2012. However, under Article 1868 of the Civil Code, an essential element of an authentic deed is that its form must be determined by statute, not by ministerial regulation. This discrepancy casts doubt on the authenticity of the deed of granting mortgage rights and may adversely affect the banking sector. This study employs a normative juridical legal research method. The results indicate that an authentic deed must be executed in a form determined by statute, by or before an authorized public official, and at the place where the deed is executed. Because the form and procedure of the deed of granting mortgage rights are regulated only by policy regulations that rank below statutes, the deed does not fully satisfy Article 1868 and may hold the status of a private deed. The study proposes a future regulatory framework to ensure legal certainty by strengthening formal legislation governing the execution of the deed of granting mortgage rights. Specifically, it recommends regulating the office and authority of land deed officials at the statutory level to guarantee the deed’s authenticity and legal force.]]>
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