HIPOTEK & HAK TANGGUNGAN ATAS TANAH #hukum #AGRARIA #kuliah #hukumperdata #HAKATASTANAH #JAMINAN

Summary

In this informative video, Rani Kartika explores the concepts of *hipotik* (mortgage) and *hak tanggungan* (land collateral rights) under Indonesian law. She explains their definitions, legal foundations, differences, and similarities, highlighting how these mechanisms are used to secure loans with immovable property. Rani also covers the legal procedures, parties involved, and the process of executing collateral in cases of default. The video offers valuable insights for law students and anyone interested in understanding property law in Indonesia, particularly the distinction between these two important collateral tools.

Takeaways

• 😀 **Hipotik** (Mortgage) and **Hak Tanggungan** (Land Charge) are both security interests used in Indonesia, but they have different legal foundations and applications.
• 😀 **Hipotik** is regulated by the Civil Code, Commercial Code, and maritime laws, whereas **Hak Tanggungan** is governed by the Agrarian Law and Law No. 4 of 1996.
• 😀 Both **Hipotik** and **Hak Tanggungan** involve immovable property as collateral, but **Hipotik** primarily applies to ships and aircraft, while **Hak Tanggungan** is used for land and buildings.
• 😀 **Hipotik** allows creditors to hold a priority claim against the mortgaged asset (ship or aircraft) in the event of a debtor's default.
• 😀 **Hak Tanggungan** offers a similar security right for land or buildings, ensuring creditors' priority in repayment in case of default.
• 😀 Both **Hipotik** and **Hak Tanggungan** require formal registration with relevant authorities (e.g., maritime or aviation authorities for **Hipotik**, and the National Land Agency for **Hak Tanggungan**).
• 😀 When registering a **Hak Tanggungan** over land, a certificate called **Sertifikat Hak Tanggungan** is issued, confirming the land’s status as collateral.
• 😀 The parties involved in **Hipotik** are the 'pemberi hipotik' (mortgagor) and the 'penerima hipotik' (mortgagee). In **Hak Tanggungan**, the parties are the 'pemberi hak tanggungan' (debtor) and 'pemegang hak tanggungan' (creditor).
• 😀 In the case of a debtor’s default, both **Hipotik** and **Hak Tanggungan** allow for execution of the collateral, often through forced auction or sale.
• 😀 When the debt is fully repaid, the collateral (whether ship, aircraft, or land) is released, and the relevant registration or certificate is canceled or amended to show the debt is settled.

Q & A

What is the main difference between *hipotik* and *hak tanggungan*?

The main difference between *hipotik* and *hak tanggungan* is that *hipotik* is traditionally applied to immovable property like buildings and land, but also movable property like ships and aircraft. *Hak tanggungan*, however, is specifically used for land as collateral and was formalized under the Agrarian Law of 1960 and the Land Collateral Law of 1996.

What are the main legal regulations governing *hipotik* and *hak tanggungan*?

*Hipotik* is regulated under the Civil Code, the Commercial Code, and also under specific maritime and aviation laws. *Hak tanggungan* is governed by the Agrarian Law (Law No. 5 of 1960) and the Land Collateral Law (Law No. 4 of 1996).

Can movable property be used for *hipotik*?

Yes, movable property like ships and aircraft can be used for *hipotik*. This is in contrast to *hak tanggungan*, which is limited to immovable property such as land.

What is required to create a mortgage or collateral agreement under *hipotik* and *hak tanggungan*?

Both *hipotik* and *hak tanggungan* require the creation of a formal deed. For *hipotik*, the deed is signed by the parties and registered with the relevant maritime or aviation registry for movable properties. For *hak tanggungan*, the deed is created by a notary and registered with the Land Office to issue a certificate of collateral.

Who are the parties involved in *hipotik* and *hak tanggungan*?

In *hipotik*, the parties are the 'pemberi hipotik' (the mortgagor or debtor) and the 'penerima hipotik' (the mortgagee or creditor). In *hak tanggungan*, the parties are the 'pemberi hak tanggungan' (the debtor or grantor of land collateral) and the 'pemegang hak tanggungan' (the creditor or holder of the land collateral).

Can *hak tanggungan* be applied to land without a certificate?

Yes, land without a certificate can still be used for *hak tanggungan*, as long as the process of registering the land title and the collateral happens simultaneously. This is specified in Article 10, Paragraph 3 of the Land Collateral Law.

What happens if a debtor defaults on a loan secured by *hipotik* or *hak tanggungan*?

If a debtor defaults, the creditor may execute the collateral. For *hipotik*, this often involves the seizure and sale of the collateral. For *hak tanggungan*, the creditor may auction the land to recover the debt, either directly or through the court.

How is the value of collateral determined in a *hipotik* or *hak tanggungan* agreement?

The value of the collateral is typically determined by the value of the property being pledged, whether it is land, a building, ship, or aircraft. The collateral must be sufficient to cover the loan value, and the agreement is formalized with the relevant authorities for registration.

What is 'eksekusi' in the context of *hipotik* and *hak tanggungan*?

'Eksekusi' refers to the legal execution process where the collateral is seized and sold to satisfy the outstanding debt if the debtor fails to repay. This can involve a private sale or a public auction, and is a legal action that can be enforced by the creditor or through the court.

How can *hipotik* or *hak tanggungan* be removed once the debt is paid off?

Once the debt is fully repaid, the mortgage or land collateral is removed through a formal process. For *hipotik*, the mortgage is cancelled, and for *hak tanggungan*, the Land Office updates the land certificate to remove the collateral. The creditor must execute this by formally removing the encumbrance.