HAK TANGGUNGAN Part 8 : PENDAFTARAN HAK TANGGUNGAN ELEKTRONIK (HT-EL)

Summary

In this video, Siti Badriah explains the electronic registration of Hak Tanggungan (HTR), a legal right attached to land as collateral. She outlines the two stages of the process: creating the deed and registering the right, emphasizing the importance of registration for creditor rights and public transparency. The video also covers the shift from manual to electronic registration, which enhances efficiency, accuracy, and accessibility. The system allows for faster processing, better data management, and easy public access, ensuring a seamless and transparent process for stakeholders involved in land rights transactions.

Takeaways

• 😀 The electronic registration of mortgage rights (HTR) is now mandatory in Indonesia, replacing the manual process.
• 😀 The process of registering mortgage rights involves two key stages: granting the mortgage and registering it at the land office.
• 😀 Mortgage registration must be completed to ensure the creditor is considered a preferential creditor, not a concurrent creditor.
• 😀 The public can access mortgage registration details at the land office, fulfilling the principle of publicity and transparency.
• 😀 The new electronic system aims to improve the speed, accuracy, and accessibility of mortgage registration services.
• 😀 The system was introduced by the Indonesian Ministry of Agrarian Affairs and the National Land Agency under Regulation No. 5/2020.
• 😀 Electronic registration covers various services such as the creation, transfer, modification, and removal of mortgage rights.
• 😀 The electronic system offers numerous benefits including reduced administrative burden, quicker processing, and better compliance.
• 😀 The electronic system allows creditors to submit applications and track the status of their mortgage registrations online.
• 😀 If documents are incomplete or incorrect, creditors are given a five-day window to correct them, after which the application is canceled.

Q & A

What is Hak Tangungan (HT) and why is it important?

Hak Tangungan (HT) is a legal right granted over a property, typically used as collateral in a loan agreement. It is important because it ensures that the creditor has a legal claim to the property if the borrower defaults on the loan.

What is the role of electronic registration in the Hak Tangungan system?

The electronic registration system allows the HT to be registered digitally, replacing the traditional manual process. This system improves efficiency, speed, transparency, and public accessibility of property collateral records.

What are the two stages involved in the process of creating Hak Tangungan?

The two stages are: (1) Creation of the HT, which involves making a formal deed of the collateral, and (2) Registration, which officially records the HT at the Land Office to make it legally binding and public.

Why is registration necessary for Hak Tangungan to be valid?

Registration is essential because it establishes the legal validity and enforceability of the HT. Without registration, the collateral does not officially exist, and the creditor cannot claim priority over other creditors.

What are the advantages of the electronic registration system over the manual system?

The electronic system offers several advantages, including faster processing times, reduced paperwork, improved accuracy, greater public transparency, and better alignment with modern technological advancements.

How has the legal framework for Hak Tangungan registration changed with the new electronic system?

The legal framework was updated in 2020 with the introduction of the Ministry of Agrarian Affairs regulation (Peraturan Menteri Agraria dan Tata Ruang Nomor 5 Tahun 2020). This regulation mandates the use of an integrated electronic system for HT registration, replacing the previous manual procedures.

Who are the key users of the electronic HT registration system?

The primary users are creditors, who register the HT, and PPAT (Notary or Land Deed Officials), who help in submitting the required documents. Other stakeholders may include the Ministry of Agrarian Affairs and Land Office officials overseeing the process.

What steps must a creditor take to initiate an electronic HT registration?

The creditor submits an application through the electronic system, uploads necessary documents, and confirms the accuracy of the data. The PPAT prepares the legal deed (Akta Pemberian Hak Tanggungan) and submits it through the system as well.

What happens if the documents required for HT registration are incomplete or incorrect?

If the documents are incomplete or incorrect, the creditor or PPAT is notified to correct the issues. They must provide the required information within five days. If the documents are not completed within that time, the application is considered invalid.

What does the final step of the electronic HT registration process involve?

The final step involves the Land Office or authorized official verifying the documents and approving the registration. Upon approval, a digital certificate of the HT is issued, authenticated with an electronic signature, and the information is made publicly accessible.