Juridical Analysis of the Deed of Roya Rights Permit Deed of Mortgage as a Substitute for Missing Mortgage Rights Certificates

Oct 13, 2025 by pynkocean.com 15 views

Juridical Analysis of the Deed of Roya Rights Permit Deed of Mortgage as a Substitute for Missing Mortgage Rights Certificates

Introduction

In the context of agrarian law in Indonesia, mortgage rights function as a guarantee in the debt agreement. However, in practice, there are situations where the Certificate of Mortgage Rights can be lost, giving rise to various problems in the implementation of these rights. The depletion of the Underwriting Rights stipulated in Article 18 paragraph (1) of the UUHT (Developmental Act) requires the implementation of Roya, namely the detention of mortgage rights, which is carried out after the principal debt is repaid. One of the requirements for carrying out ROYA is the existence of a certificate of land rights and a certificate of mortgage rights. However, when the Mortgage Certificate is lost, the deed of permission from the Mortgage Rights is an alternative presented to replace the lost certificate.

The Importance of Roya Rights Permit Deed

The Deed of Roya Rights Permit, which is made by the Notary, functions as a certificate which states that the Certificate of Mortgage Rights has been lost. Although this deed is important in the land administration process, regulations regarding the deed of permission from the Roy of Mortgage Rights have not been explicitly regulated in the relevant laws or regulations. This raises questions about the legal basis and the process of making this deed and its position in a broader legal context. From a normative empirical legal perspective, this analysis aims to reveal the legal considerations that underlie the notary in making the Roya permit deed, as well as the stages and processes that must be passed.

The Process of Making a Roya Permit Deed

Based on the results of the study, it is known that the notary consideration in preparing the Roya permit deed refers to Article 15 paragraph (1) of the UUJN (Notary Position Law), which gives the authority to the notary to make a deed. The process of making a Roya permit deed is almost similar to the making of other deeds, with the addition of documents in the form of loss letters from the police and Roya's letter from the bank that provides credit. The notary must carefully examine the documents and ensure that they are complete and accurate before making the deed.

The Position of the Deed of Roya Rights Permit in the Practice of Land Registration

The position of the Deed of Roya Rights Permit in the Practice of Land Registration is as a substitute for the missing mortgage certificate. However, it is important to note that this deed does not have the executorial nature such as the Mortgage Certificate. In other words, the Roya permit deed only functions as a condition for the registration of Roya or the deletion of mortgage rights, not for execution actions on debt guarantees. This means that the Roya permit deed is not a substitute for the Mortgage Certificate in terms of its executorial nature.

Conclusion

In conclusion, Roya's permit deed is a notary deed that has a position as a substitute for the lost mortgage certificate, functions as a condition for the process of deleting the mortgage rights. Therefore, it is recommended that the Land Agency Office provides clear and firm information regarding the procedures and costs related to the Roya process. This aims to facilitate the debtor in completing the submission of the Roya deed, so that legal problems related to mortgage rights can be overcome more efficiently and effectively.

Recommendations

Based on the findings of this study, the following recommendations are made:

The Land Agency Office should provide clear and firm information regarding the procedures and costs related to the Roya process.
The notary should carefully examine the documents and ensure that they are complete and accurate before making the deed.
The debtor should be aware of the importance of the Roya permit deed and its position in the Practice of Land Registration.
The government should consider regulating the deed of permission from the Roy of Mortgage Rights in the relevant laws or regulations.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the Deed of Roya Rights Permit as a substitute for the missing mortgage certificate.
The study does not examine the executorial nature of the Roya permit deed.
The study does not provide a comprehensive analysis of the legal basis and the process of making the Roya permit deed.

Future Research Directions

Future research should focus on the following areas:

The executorial nature of the Roya permit deed.
The legal basis and the process of making the Roya permit deed.
The impact of the Roya permit deed on the Practice of Land Registration.

Conclusion

In conclusion, this study provides a juridical analysis of the Deed of Roya Rights Permit Deed of Mortgage as a substitute for missing mortgage rights certificates. The study reveals the importance of the Roya permit deed in the Practice of Land Registration and its position as a substitute for the lost mortgage certificate. The study also provides recommendations for the Land Agency Office, the notary, and the debtor. Future research should focus on the executorial nature of the Roya permit deed, the legal basis and the process of making the Roya permit deed, and the impact of the Roya permit deed on the Practice of Land Registration.
Frequently Asked Questions (FAQs) about the Deed of Roya Rights Permit Deed of Mortgage as a Substitute for Missing Mortgage Rights Certificates

Q: What is the Deed of Roya Rights Permit Deed of Mortgage?

A: The Deed of Roya Rights Permit Deed of Mortgage is a notary deed that functions as a certificate which states that the Certificate of Mortgage Rights has been lost. It is an alternative presented to replace the lost certificate.

Q: What is the purpose of the Deed of Roya Rights Permit Deed of Mortgage?

A: The purpose of the Deed of Roya Rights Permit Deed of Mortgage is to provide a substitute for the missing mortgage certificate, which is required for the implementation of Roya, namely the detention of mortgage rights.

Q: What is Roya?

A: Roya is the detention of mortgage rights, which is carried out after the principal debt is repaid. It is a process that requires the existence of a certificate of land rights and a certificate of mortgage rights.

Q: What is the difference between the Deed of Roya Rights Permit Deed of Mortgage and the Mortgage Certificate?

A: The Deed of Roya Rights Permit Deed of Mortgage does not have the executorial nature such as the Mortgage Certificate. In other words, the Roya permit deed only functions as a condition for the registration of Roya or the deletion of mortgage rights, not for execution actions on debt guarantees.

Q: Who is responsible for making the Deed of Roya Rights Permit Deed of Mortgage?

A: The notary is responsible for making the Deed of Roya Rights Permit Deed of Mortgage. The notary must carefully examine the documents and ensure that they are complete and accurate before making the deed.

Q: What documents are required for the making of the Deed of Roya Rights Permit Deed of Mortgage?

A: The documents required for the making of the Deed of Roya Rights Permit Deed of Mortgage include loss letters from the police and Roya's letter from the bank that provides credit.

Q: What is the position of the Deed of Roya Rights Permit Deed of Mortgage in the Practice of Land Registration?

A: The position of the Deed of Roya Rights Permit Deed of Mortgage in the Practice of Land Registration is as a substitute for the missing mortgage certificate.

Q: What are the benefits of the Deed of Roya Rights Permit Deed of Mortgage?

A: The benefits of the Deed of Roya Rights Permit Deed of Mortgage include providing a substitute for the missing mortgage certificate, facilitating the debtor in completing the submission of the Roya deed, and overcoming legal problems related to mortgage rights.

Q: What are the limitations of the Deed of Roya Rights Permit Deed of Mortgage?

A: The limitations of the Deed of Roya Rights Permit Deed of Mortgage include not having the executorial nature such as the Mortgage Certificate, and not providing a comprehensive analysis of the legal basis and the process of making the Roya permit deed.

Q: What are the future research directions for the Deed of Roya Rights Permit Deed of Mortgage?

A: The future research directions for the Deed of Roya Rights Permit Deed of Mortgage include examining the executorial nature of the Roya permit deed, the legal basis and the process of making the Roya permit deed, and the impact of the Roya permit deed on the Practice of Land Registration.

Q: What are the recommendations for the Land Agency Office, the notary, and the debtor?

A: The recommendations for the Land Agency Office, the notary, and the debtor include providing clear and firm information regarding the procedures and costs related to the Roya process, carefully examining the documents and ensuring that they are complete and accurate before making the deed, and being aware of the importance of the Roya permit deed and its position in the Practice of Land Registration.