Hidayat, Muhammad Syarif (2023) Efektivitas Pelaksanaan Pelayanan Hak Tanggungan Terintegrasi Secara Eletronik Berdasarkan Undang-undang No 4 Tahun 1996 Tentang Hak Tanggungan Beserta Benda-benda Berkaitan Dengan Tanah. Other thesis, Universitas Islam Riau.

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Abstract

Mortgage is a security interest imposed on land rights as stipulated in the Basic Agrarian Law, including or excluding other objects, which are considered as a single unit with the land, to secure specific debt repayment and provide a prioritized position to certain creditors over other creditors. Since the implementation of Ministerial Regulation Number 5 of 2020, Mortgage Registration has been conducted electronically. However, during its execution, several issues have arisen in the Integrated Electronic Mortgage Registration in Kampar Regency. The research questions in this study are: 1) How effective is the Implementation of Integrated Electronic Mortgage Registration in Kampar Regency? 2) What are the inhibiting factors and their solutions for the Implementation of Integrated Electronic Mortgage Service? In this study, the author employs the Empirical Juridical Research Method, utilizing both primary and secondary data, along with data collection techniques involving interviews with relevant parties related to this research. The effectiveness of Electronic Mortgage Registration in Kampar Regency has not been optimal, as there are recurring challenges such as the unpreparedness of the Ministry of Agrarian Affairs regarding Network/System Quality, numerous certificates, Survey Letters, and Plots that have not been validated, contradicting Article 27 of Ministerial Regulation Number 5 of 2020, which stipulates that Data Validation is one of the National Land Agency's readiness requirements. Furthermore, the primary inhibiting factors in implementing Electronic Mortgages are, first, the substantial amount of unvalidated Land Data and Quality, second, the insufficient infrastructure to support Electronic Implementation, third, Mortgage Services not providing access to land originating from older conversions (Land Rights without a Certificate), whereas according to Article 10 of the Mortgage Law, if the land rights meet the criteria for registration but lack a Certificate, the granting of a Mortgage can be done simultaneously with the registration of the relevant land rights. Fourthly, the regulations governing Electronic Mortgage Removal are not sufficiently comprehensive or clear. From these issues, it is apparent that the Ministry of Agrarian Affairs/National Land Agency needs to enhance their service quality in various aspects, starting from clear and non-contradictory rules, improving performance, and enhancing infrastructure, all aimed at achieving effective Electronic Mortgage Services

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