Analysis of Conventional Mortgage Regulations and Electronically Integrated Mortgage Rights (eMortgage) for Land Deed Officers (PPAT), Mortgagees, and Land Offices in Klaten Regency

Abstract

This study aims to examine and analyze the mechanism for implementing conventional Mortgage Rights based on UUHT and eMortgage based on the eMortgage Ministerial Regulation, the compliance of eMortgage implementation with applicable legal norms and obstacles to implementing the eMortgage system for Land Deed Officers (PPAT), Mortgagees and land offices in Klaten Regency, Indonesia. The research was conducted using an empirical juridical approach and a statute approach. Data were collected through interview and literature review, and were analyzed using a qualitative descriptive method. It was revealed that the conventional implementation mechanism of Mortgage constitute of encumbrance and registration, while the mechanism of eMortgage implementation covers preparation and registration. As seen from the legal norms of eMortgage, the implementation of eMortgage has complied with legal norms of orders and dispensations, has not been violated legal norms of prohibition, and is not listed in legal norms of permits. Some obstacles to implementing the eMortgage system for PPAT, Mortgagees and the Klaten Regency Land Office are the frequent errors in the eMortgage system, PPAT errors in uploading documents, unclear arrangements regarding the second sheet of APHT (Land Mortgage Deed) submitted to the land office or Mortgagee, abrupt payment period for eMortgage registration for the Mortgagee, especially during national holidays, and problematic land data validation. Thus, PPAT, Mortgagees, and the land office are required to work carefully in implementing the eMortgage system based on their respective duties.