Peranan Notaris dalam pembuatan akta Surat Kuasa Membebankan Hak Tanggungan (SKMHT)

WAHIDA, Ida, Djoko Sukisno, SH.,CN

2005 | Tesis | S2 Ilmu Hukum (Magister Hukum Kenotariatan)

This research was intended to know the role of notary public in the making of authorization certificate in charging bail right and to know the impact by this law and notary public responsibility and other parties if authorization certificate in charging bail right that is not or lately handled by bail right conferral certificate. This research was analysis descriptive in nature, by using normative and juridical approach. The research that is worked out was literature research which is supported by field study through questioners and interviews. Respondents was determined by non-random sampling technique, that is, selecting sample based on certain criterions which is only limited in notary public communities at research location area of 6 notary public in Makassar city and 3 notary public in District of Gowa by criterion that such source person have been making of authorization certificate in charging bail right and understand the interrelated matters with bail right. The results show that notary public has free role in the making of authorization certificate in charging bail rights than the officer of land certificate maker because they are not bound to certificate blank which have been decided and because they can make their own certificate and the notary public should give law elucidation to interrelated parties with certificate which would be made. The appeared law impact is that the certificate canceled by law. Notary public responsibility limited to regulations of UU No. 30 2004 which concern on notary public position and its moral responsibility, the giver and acceptor of authority that is fully responsible on to that matter, the needed action is by submitting new will in order to get the new authorization certificate in charging bail right.

Kata Kunci : Notaris,Akta SKMHT, the role of notary public, authorization certificate in charging bail rights.