Hakikat Perlindungan Hukum Bagi Kreditur Atas Adanya Pembedaan Jangka Waktu SKMHT Uutuk Kredit Tertentu (The nature of legal protection for creditors for the existence of a difference in the term of the SKMHT for certain loans)

The regulation regarding the difference in the time limit for the validity of the
Power of Attorney to impose Mortgage Rights (SKMHT) which is regulated in Article
15 of Law Number 4 of 1996 concerning Mortgage on Land and Objects Related to
Land gives birth to a vague norm (vague norm), in particular in the provisions
governing the SKMHT deadline that is valid until the end of the main agreement,
because with the given period of time it seems there is no obligation to follow up the
SKHMT process to the Deed of Granting Mortgage Rights (APHT).
This study will analyze the nature of the difference in the period of SKMHT for
certain loans and the form of legal protection for creditors for the difference in the
period of SKMHT for certain loans.
This research is a normative legal research using a statutory approach, a
conceptual approach, a historical approach and a philosophical approach.
The results of the research conclude that the provisions for differentiating the
period of SKMHT for certain loans are intended to facilitate the implementation of
small-scale loans but on the other hand ignore legal certainty. The existence of these
provisions places creditors in a position that is prone to being harmed in the event of
a blockage on the object that is used as collateral. Such a condition has a legal
consequence that the creditor cannot become a preferred creditor anymore due to the
inability to install Mortgage Rights.
Keywords: Power of Attorney to impose Mortgage, Term, Certain Credit