Parties Involved in Mortgage Rights (Hak Tanggungan)
📌 The two main parties are the Mortgage Giver (Pemberi Hak Tanggungan) and the Mortgage Holder (Pemegang Hak Tanggungan), as outlined in the Law on Mortgage Rights.
👨‍⚖️ The Mortgage Giver is the person or legal entity authorized to enter into legal actions concerning the mortgaged object, serving as the guarantor for the debt.
🏦 The Mortgage Holder is the individual or legal entity acting as the creditor who holds the guarantee right over the mortgaged asset.

Objects Eligible for Mortgage Rights
📜 For an object to qualify as collateral under mortgage rights, it must meet several criteria, primarily being measurable in money because its function is to secure the debtor's performance.
📑 The object must be a right registered in the public registry at the Land Office (Kantor Pertanahan).
🔄 The object must be transferable (assignable) so it can be sold to satisfy the creditor's claim if the debtor defaults.

Scope of Mortgage Objects
🏡 Eligible objects explicitly include ownership rights (hak milik), right to cultivate (hak guna usaha), and right to build (hak guna bangunan), as per Article 4 section 1 of the Law.
🏢 Also covered are rights of use over state land that must be registered and are transferable, and apartment unit ownership rights built on eligible underlying land rights.

Process of Establishing Mortgage Rights
1️⃣ Establishing mortgage rights requires a two-stage process: the stage of granting the right and the stage of registration.
🤝 This security right must follow a primary agreement (e.g., a loan agreement) that includes a promise to establish the mortgage right.
✍️ The first stage involves creating the Deed of Granting Mortgage Rights (APHT) by a Land Deed Official (PPAT), following the initial debt agreement.
🏛️ The birth of the mortgage right occurs at the second stage: the registration of the mortgage right at the Land Office (Kantor Pertanahan).

Key Points & Insights
➡️ Mortgage rights are contingent upon both the creation of the APHT deed and its subsequent registration at the Land Office to be legally established.
➡️ The fundamental purpose of collateral being measurable in money is to ensure that if the debtor defaults (wanprestasi), the asset can be sold to fulfill the obligation to the creditor.
➡️ Ensure that all underlying land rights involved (e.g., ownership, use rights) meet the legal criteria for registration and transferability before proceeding with the mortgage establishment.

📸 Video summarized with SummaryTube.com on Nov 28, 2025, 16:53 UTC