PENGATURAN PENGGUNAAN SURAT ORDER DALAM PROSES PENGIKATAN AGUNAN KREDIT BERUPA HAK TANGGUNGAN

Abstrak

The Bank loan process until its registration begins with the making of Mortgage Order Letter by banks which given to the Notary. Mortgage Order Letter is made to accommodate the credit approval process when the Notary not meet directly with the bank, so that the Notary has a grip and trust of the banks on the accountability of the collateral then notary/PPAT can send the cover note and APHT to the bank. The void of norms has found in the norms on regulating the use of Mortgage Order Letter as stated in Article 10 paragraph (1) of Indonesian Law number 4 year 1996 on Mortgage of Land and Their Bodies Related to Land (UUHT). The problems discussed in this thesis are focused on the regulation on Mortgage Order Letter in national law and the law formulation to ensure the certainty and validity of cover note and Granting Mortgage Deed.

Types of research methods used to answer the problem is a normative legal research methods by using statute and historical approach. Primary legal materials are derived from legislation and court determination. Secondary legal materials obtained through a variety of literature and other media in accordance with the terms of writing a thesis.

The results showed that the use of Mortgage Order Letter in the legislation that regulates the binding of collateral objects are still not adequate for use. There is void of norms in Article 10 UUHT which concerning the regulation of terms and the use of Mortgage Order Letter in ensuring the validity of the collateral data prior to the issuance on cover note and Granting Mortgage Deed by notary. Furthermore, The Letter of Order’s law formulation is to ensure validity and provide legal certainty from Covernote and APHT shall be made by making the rules contained in the BI and OJK Regulations as already in accordance with their authority under the law in order, to provide the regulation of the bank. The enactment of new rules by BI and OJK is to fill the void of norms on the regulation of the requirements and the use of Order Letter in the process of binding of collateral for credit; And to ensure valid or invalidation of data poured in the covernote and APHT. The law making is done by adding the arrangement of Letter of Order requirement, Formal Letter of Order form, and the usage of Letter of Order in the process of binding of credit collateral.

Keywords: Banks, Loan, and Mortgage Order Letter.