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Legal Force of Certificate of Mortgage Rights Issued Upon the Existence of the Element of Onbeschikking Bevoeg of the Mortgage Grantor Over the Object of Mortgage Rights

DOI : https://doi.org/10.36349/easjhcs.2025.v07i01.003
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The lack of authority of a party that does not have the right to place a mortgage on a creditor, which in the future results in a dispute, whether criminal or civil, has different legal consequences. So, it is appropriate to know the legal strength of proof of the mortgage right certificate in terms of the registration system in Indonesia and the legal consequences of issuing mortgage rights, which occur based on the mortgagor's lack of authority over the object of the mortgage right. The research uses normative research methods with analytical descriptive analysis techniques. The Mortgage Rights Certificate (SHT) has strong evidentiary power if it meets three main aspects. First, the existence of cadastral data plots, namely data related to land conditions, such as location, area, and land boundaries, which are obtained from accurate measurements of land plots. Second, a public register should be created that records the names of land rights holders. The relevant agencies officially manage this general list and are a trusted source of information. Third, implementing a publication system that shows openness of information to the public allows other parties to know the status of land rights. In issuing an invalid mortgage right due to non-compliance with applicable legal provisions, a mortgage right can have no legal force if the party providing the mortgage right is not registered as the legal owner of the object in question. This will cause losses for the party who receives the mortgage right because they cannot rely on the mortgage right to execute the debt if the debtor does not fulfill his obligations. Non-compliance or violation of the authority and provisions governing legal validity can result in serious legal consequences, such as cancellation of mortgage rights, loss of rights to objects guaranteed, or even material losses for interested parties.

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Dr. Afroza Begum

Lecturer, Dept. of Pharmacology and Therapeutics, Shaheed Monsur Ali Medical College & Hospital, Uttara, Dhaka-1230, Bangladesh

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