The Power Position of Attorney to Encumber Mortgage Rights (SKMHT) in a Credit Agreement as a Binding Guarantee for Mortgage Rights

The aim of this studyto find out and analyze the position of a Power of Attorney for Imposing Mortgage Rights (SKMHT) in a credit agreement as a binding guarantee for Mortgage rights and to find out, analyze obstacles and find solutions to implementing the imposition of Mortgage Rights with a Power of Attorney for Imposing Mortgage Rights (SKMHT) based on Law No. 4 of 1996. This study uses empirical juridical research methods, in this study using primary data in the form of interviews and documentation. Based on the research it was concluded that 1) The position of the Power of Attorney for Imposing Mortgage Rights (SKMHT) in a credit agreement as a binding guarantee for Mortgage is very important. SKMHT functions as a legal instrument that provides legal certainty for creditors and debtors in credit agreements. SKMHT strengthens the guarantee of mortgage rights by giving creditors the power to register mortgage rights for collateral objects. In the context of legal protection, SKMHT protects the interests of creditors and debtors and ensures balance and justice between the two. 2) In carrying out the imposition of mortgage rights with a Power of Attorney for Imposing Mortgage Rights (SKMHT) based on Law No. 4 of 1996, there are several obstacles that can interfere with legal certainty. Some of these obstacles include ambiguity or deficiencies in the preparation of SKMHT, administrative problems in the registration process, rejection or obstacles from the Land Office. To overcome these obstacles, several solutions need to be implemented such as clear and accurate SKMHT preparation, increasing the efficiency of the registration process. Keywords: Agreements; Attorne; Credit; Mortgage