Legal Protection For Debtors Againstmisuse Of A Power Of Power Is Burdening Mortgage Rights In Financing Agreement Decision Number: 43/ Pdt.G/2016/Pn.Gtlo

Abstract

Mortgage is a material guarantee that gives a preferential position to the creditor, but the use of the Power of Attorney to Charge Mortgage (SKMHT) in practice often causes legal problems, especially abuse that is detrimental to the debtor. This study aims to analyze the legal provisions of mortgage rights and SKMHT, the forms and factors of their abuse, and legal protection for debtors based on Decision Number 43/Pdt.G/2016/PA.Gto, using normative legal research methods through statutory and case approaches. The results of the study indicate that the imposition of mortgage rights must be carried out through a Deed of Granting Mortgage Rights (APHT), but in practice abuses were found in the form of making APHT without the debtor's consent and encumbrances on objects that have not been legally owned, which are contrary to positive law and are influenced by the unequal position of the parties and weak supervision. thus, legal protection for debtors is not optimal due to the dominance of formalistic approaches in court decisions, so it is necessary to strengthen supervision and the application of the principle of prudence to realize substantive justice.