Before and when making the Deed of Loan Agreement Borrowing Money

Oct 13, 2025 by talynt.org 22 views

Binding of Underwriting Rights in the Loan Agreement Borrowing Money with Individual Creditors: A Study in Medan City

Introduction

The binding of underwriting rights is a crucial legal mechanism stipulated in Article 1754 to 1769 of the Civil Code and Law Number 4 of 1996 concerning Underwriting Rights and Objects Related to Land (UUHT). This mechanism is often employed in the context of loan agreements to borrow money, where the borrower provides guarantees for their land to the lender. In this study, we focus on the analysis of binding of mortgage rights in the loan agreement to borrow money with individual creditors, particularly in Medan City.

Methodology

This study employs an empirical juridical approach with analytical descriptive methods. Research data were obtained through the study of literature and field research by interviewing 4 notaries/officials of land deeds (PPAT), a Medan District Court judge, a representative of the Medan City National Land Agency (BPN) office, and a representative of the Medan City State auction office. The data collected was analyzed qualitatively and quantitatively, then interpreted with deductive and inductive methods.

Results

The results of this study indicate that the binding process of mortgage rights in the loan agreement to borrow money with individual creditors in Medan is generally in accordance with statutory regulations. There are three main stages in this binding process:

Before and when making the Deed of Loan Agreement Borrowing Money: This stage involves the preparation of the loan agreement, including the terms and conditions of the loan.
The stage of making Deed of Mortgage Rights (APHT): This stage involves the creation of a mortgage deed, which is a document that secures the loan with the borrower's land.
The APHT registration stage: This stage involves the registration of the mortgage deed with the relevant authorities, such as the PPAT and the BPN.

However, there are several inhibiting factors in the binding process of mortgage rights, including:

Lack of understanding of PPAT and the Medan City BPN: Little understanding related to procedures and regulations regarding mortgage rights can cause errors in the binding and registration process.
Factors of Interest Provisions In the Deed of Loan Agreement Borrowing Money: The provisions of interest that are not clear or not in accordance with statutory regulations can cause legal problems in the future.

Recommendations

To overcome these obstacles, efforts are needed, such as:

Deliberation between PPAT and BPN Medan City: Through deliberations, it is expected to create understanding and harmony in the binding and registration process of mortgage rights.
Combining the amount of loan money with interest debt: The inclusion of total loans and interest in the Deed of Loan Borrowing Agreement is expected to provide legal certainty and avoid future disputes.

Conclusion

In conclusion, this study highlights the importance of understanding the binding of underwriting rights in the loan agreement to borrow money with individual creditors. The results of this study indicate that there are still deficiencies in the understanding of the community and the perpetrators related to the binding of Underwriting Rights. Therefore, it is essential to carry out intensive socialization and education regarding:

Procedures and regulations related to binding of mortgage rights.
The importance of listing the details of the loan agreement to borrow money in the deed.
How to resolve a dispute that is appropriate and in accordance with the law.

By increasing public understanding and awareness, it is expected to minimize the potential for disputes and increase legal certainty in binding mortgage rights in the loan agreement to borrow money with individual creditors.

The Importance of Socialization and Education

Socialization and education play a crucial role in increasing public understanding and awareness of the binding of underwriting rights. By providing education and training to the community, it is expected to minimize the potential for disputes and increase legal certainty in binding mortgage rights in the loan agreement to borrow money with individual creditors.

Limitations of the Study

This study has several limitations, including:

Limited sample size: The study only interviewed 4 notaries/officials of land deeds (PPAT), a Medan District Court judge, a representative of the Medan City National Land Agency (BPN) office, and a representative of the Medan City State auction office.
Limited scope: The study only focused on the binding of underwriting rights in the loan agreement to borrow money with individual creditors in Medan City.

Future Research Directions

Future research directions include:

Conducting a larger-scale study: Conducting a larger-scale study to gather more data and increase the generalizability of the findings.
Examining the binding of underwriting rights in other cities: Examining the binding of underwriting rights in other cities to compare and contrast the findings with those of this study.

References

Law Number 4 of 1996 concerning Underwriting Rights and Objects Related to Land (UUHT).
Article 1754 to 1769 of the Civil Code.
Notary and Land Deed Official (PPAT) Regulation No. 1 of 2018 concerning the Implementation of Mortgage Rights.

Appendices

List of interviewees.
List of documents reviewed.
List of references cited.
Frequently Asked Questions (FAQs) about Binding of Underwriting Rights in the Loan Agreement Borrowing Money with Individual Creditors

Q: What is the binding of underwriting rights?

A: The binding of underwriting rights is a legal mechanism stipulated in Article 1754 to 1769 of the Civil Code and Law Number 4 of 1996 concerning Underwriting Rights and Objects Related to Land (UUHT). This mechanism is often employed in the context of loan agreements to borrow money, where the borrower provides guarantees for their land to the lender.

Q: What are the main stages in the binding process of mortgage rights?

A: There are three main stages in the binding process of mortgage rights:

Before and when making the Deed of Loan Agreement Borrowing Money: This stage involves the preparation of the loan agreement, including the terms and conditions of the loan.
The stage of making Deed of Mortgage Rights (APHT): This stage involves the creation of a mortgage deed, which is a document that secures the loan with the borrower's land.
The APHT registration stage: This stage involves the registration of the mortgage deed with the relevant authorities, such as the PPAT and the BPN.

Q: What are the inhibiting factors in the binding process of mortgage rights?

A: There are several inhibiting factors in the binding process of mortgage rights, including:

Lack of understanding of PPAT and the Medan City BPN: Little understanding related to procedures and regulations regarding mortgage rights can cause errors in the binding and registration process.
Factors of Interest Provisions In the Deed of Loan Agreement Borrowing Money: The provisions of interest that are not clear or not in accordance with statutory regulations can cause legal problems in the future.

Q: How can the inhibiting factors be overcome?

A: Efforts are needed to overcome the inhibiting factors, such as:

Deliberation between PPAT and BPN Medan City: Through deliberations, it is expected to create understanding and harmony in the binding and registration process of mortgage rights.
Combining the amount of loan money with interest debt: The inclusion of total loans and interest in the Deed of Loan Borrowing Agreement is expected to provide legal certainty and avoid future disputes.

Q: What is the importance of socialization and education in the binding of underwriting rights?

A: Socialization and education play a crucial role in increasing public understanding and awareness of the binding of underwriting rights. By providing education and training to the community, it is expected to minimize the potential for disputes and increase legal certainty in binding mortgage rights in the loan agreement to borrow money with individual creditors.

Q: What are the limitations of this study?

A: This study has several limitations, including:

Limited sample size: The study only interviewed 4 notaries/officials of land deeds (PPAT), a Medan District Court judge, a representative of the Medan City National Land Agency (BPN) office, and a representative of the Medan City State auction office.
Limited scope: The study only focused on the binding of underwriting rights in the loan agreement to borrow money with individual creditors in Medan City.

Q: What are the future research directions?

A: Future research directions include:

Conducting a larger-scale study: Conducting a larger-scale study to gather more data and increase the generalizability of the findings.
Examining the binding of underwriting rights in other cities: Examining the binding of underwriting rights in other cities to compare and contrast the findings with those of this study.

Q: What are the references cited in this study?

A: The references cited in this study include:

Law Number 4 of 1996 concerning Underwriting Rights and Objects Related to Land (UUHT).
Article 1754 to 1769 of the Civil Code.
Notary and Land Deed Official (PPAT) Regulation No. 1 of 2018 concerning the Implementation of Mortgage Rights.

Q: What are the appendices of this study?

A: The appendices of this study include:

List of interviewees.
List of documents reviewed.
List of references cited.