Juridical Analysis Of The Promises In The Deed Of Granting Mandatory Rights Made By The Land Deed Making Officer

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Introduction

In the realm of law, a material agreement can be categorized into two main types: the main agreement and the accessory agreement. The main agreement is a contract that provides credit facilities, while the accessory agreement functions as a support for the main agreement itself. One type of important accessory agreement is the Mortgage Right, which is regulated in Law Number 4 of 1996 concerning Mortgage Rights. Mortgage rights require the existence of subjects and objects, where the subject consists of the giver and recipient of the mortgage rights, while the object includes rights to land and objects related to land. The process of loading Underwriting Rights is carried out by making deeds of granting of Mortgage Rights (APHT) compiled by the Land Deed Making Officer (PPAT).

Methodology and Data Collection

In this study, the method used is analytical descriptive with a normative juridical approach. The data used mainly comes from secondary sources, which include interviews and secondary legal materials such as books and official documents. This study aims to analyze in depth regarding the deed of granting of mortgage rights and legal implications of the clauses contained in it.

Analysis of the Deed of Granting of Mortgage Rights

The results showed that the deed of granting of mortgage rights compiled by PPAT containing a standard clause determined by the government. The clause is contained in the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 8 of 2012 which is a change from the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997. In addition to the standard clause, APHT also provides space for the addition of additional promises. In practice, this addition is often made unilaterally at the request of the recipient of the Mortgage Rights, which can cause an imbalance in the agreement.

The Imbalance in the Agreement

The imbalance has the potential to be contrary to Article 1338 paragraph 3 of the Civil Code which regulates the principles of good faith in the agreement. When one party can compile additional clauses unilaterally, this not only harms the other parties, but also creates legal risks. As a result of the inclusion of unilateral clauses this can lead to the cancellation of the additional clause. Those who feel disadvantaged are entitled to sue in court based on Article 1365 of the Civil Code which regulates acts against the law.

The Importance of Uniformity and Fairness in the Agreement

In conclusion, it is important to realize that the deed of granting of mortgage rights is not just an administrative document, but also contains legal values ​​that must be considered by all parties involved. The uniformity of the standard clause should not eliminate justice in the agreement, and every addition of the clause must be carried out with a fair agreement between all parties. Enforcement of the principles of good faith and other legal provisions is very important in maintaining integrity and justice in the Mortgage Rights Agreement, so that this agreement can function effectively and benefit all parties involved.

The Role of the Land Deed Making Officer

The Land Deed Making Officer (PPAT) plays a crucial role in the process of making deeds of granting of mortgage rights. As the officer responsible for compiling the deed, PPAT must ensure that the standard clause is included and that any additional promises are made with the consent of all parties involved. This requires a deep understanding of the legal implications of the clauses contained in the deed and the ability to balance the interests of all parties involved.

The Impact of Unilateral Clauses on the Agreement

The inclusion of unilateral clauses in the deed of granting of mortgage rights can have a significant impact on the agreement. Not only can it create legal risks, but it can also lead to an imbalance in the agreement. This can result in one party feeling disadvantaged and entitled to sue in court. Therefore, it is essential that all parties involved in the agreement are aware of the potential risks and consequences of including unilateral clauses.

The Importance of Good Faith in the Agreement

The principles of good faith are essential in maintaining integrity and justice in the Mortgage Rights Agreement. Article 1338 paragraph 3 of the Civil Code regulates the principles of good faith in the agreement, and it is essential that all parties involved in the agreement adhere to these principles. This includes being transparent, honest, and fair in all dealings related to the agreement.

Conclusion

In conclusion, the deed of granting of mortgage rights is not just an administrative document, but also contains legal values ​​that must be considered by all parties involved. The uniformity of the standard clause should not eliminate justice in the agreement, and every addition of the clause must be carried out with a fair agreement between all parties. Enforcement of the principles of good faith and other legal provisions is very important in maintaining integrity and justice in the Mortgage Rights Agreement, so that this agreement can function effectively and benefit all parties involved.

Recommendations

Based on the analysis of the deed of granting of mortgage rights, the following recommendations can be made:

  • The Land Deed Making Officer (PPAT) must ensure that the standard clause is included in the deed and that any additional promises are made with the consent of all parties involved.
  • All parties involved in the agreement must be aware of the potential risks and consequences of including unilateral clauses.
  • The principles of good faith must be adhered to in all dealings related to the agreement.
  • The agreement must be fair and just for all parties involved.

By following these recommendations, the Mortgage Rights Agreement can function effectively and benefit all parties involved.

Q: What is the purpose of the deed of granting of mortgage rights?

A: The deed of granting of mortgage rights is a document that provides a legal basis for the transfer of mortgage rights from one party to another. It is an essential document in the process of loading Underwriting Rights and is compiled by the Land Deed Making Officer (PPAT).

Q: What is the role of the Land Deed Making Officer (PPAT) in the process of making deeds of granting of mortgage rights?

A: The Land Deed Making Officer (PPAT) plays a crucial role in the process of making deeds of granting of mortgage rights. As the officer responsible for compiling the deed, PPAT must ensure that the standard clause is included and that any additional promises are made with the consent of all parties involved.

Q: What is the significance of the standard clause in the deed of granting of mortgage rights?

A: The standard clause is a predetermined clause that is included in the deed of granting of mortgage rights. It is contained in the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 8 of 2012 and is a change from the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997.

Q: What is the impact of unilateral clauses on the agreement?

A: The inclusion of unilateral clauses in the deed of granting of mortgage rights can have a significant impact on the agreement. Not only can it create legal risks, but it can also lead to an imbalance in the agreement. This can result in one party feeling disadvantaged and entitled to sue in court.

Q: What are the principles of good faith in the agreement?

A: The principles of good faith are essential in maintaining integrity and justice in the Mortgage Rights Agreement. Article 1338 paragraph 3 of the Civil Code regulates the principles of good faith in the agreement, and it is essential that all parties involved in the agreement adhere to these principles.

Q: What are the consequences of including unilateral clauses in the deed of granting of mortgage rights?

A: The inclusion of unilateral clauses in the deed of granting of mortgage rights can lead to the cancellation of the additional clause. Those who feel disadvantaged are entitled to sue in court based on Article 1365 of the Civil Code which regulates acts against the law.

Q: What is the importance of uniformity and fairness in the agreement?

A: The uniformity of the standard clause should not eliminate justice in the agreement, and every addition of the clause must be carried out with a fair agreement between all parties. Enforcement of the principles of good faith and other legal provisions is very important in maintaining integrity and justice in the Mortgage Rights Agreement.

Q: What are the recommendations for maintaining integrity and justice in the Mortgage Rights Agreement?

A: The following recommendations can be made:

  • The Land Deed Making Officer (PPAT) must ensure that the standard clause is included in the deed and that any additional promises are made with the consent of all parties involved.
  • All parties involved in the agreement must be aware of the potential risks and consequences of including unilateral clauses.
  • The principles of good faith must be adhered to in all dealings related to the agreement.
  • The agreement must be fair and just for all parties involved.

By following these recommendations, the Mortgage Rights Agreement can function effectively and benefit all parties involved.