PERLINDUNGAN HUKUM TERHADAP KREDITUR AKIBAT SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN YANG TERDEGRADASI SEBAGAI AKTA DI BAWAH TANGAN

This study has two (2) objectives, first to analyze the legal consequences of the Power of Attorney to Charge for the Right of Land Mortgage (SKMHT) which has been relegated into privately made deed and used as a requirement to create a Mortgage Deed (APHT) that was registered to National Land Authority of Bantul Regency. The second objective is to analyze the legal protection of creditor against SKMHT which has been relegated into privately made deed. As a result, that APHT made based on SKMHT was not issue as a violation of the subjective and objective conditions for the validity of the agreement and the principle of freedom of contract, resulting in APHT being null and void. A form of internal legal protection given back to the principal agreement, i.e. a credit agreement made by the parties. External legal protection is legal protection provided by legislation, namely provided by Article 1131 and Article 1132 of the Civil Code, namely as holders of general guarantees known as concurrent creditors or conducting credit restructuring as an effort to save credit. © 2021, Islamic University of Sultan Agung Faculty of Law. All rights reserved.