Abstract

Collateral is an important factor in bank credit. One of the guarantees that is often used is Mortgage Rights. Credit agreements in Indonesia have no specific rules in the Civil Code. The validity of credit agreements in Indonesia is due to the principle of freedom of contract. For both named and unnamed agreements, the Civil Code applies. This credit agreement is similar to an agreement to borrow money or goods that have run out due to use, so that it can be qualified in a loan agreement for borrowing money or goods that have run out as regulated in Articles 1754 to 1769 of the Civil Code. In this case, it is required that the debtor or debtor will return the same compensation of various kinds and the same conditions. Furthermore, it is also stated that the agreement can be accompanied by interest that has been agreed between the parties previously, so that the agreement can be included in the loan-borrowing agreement by agreeing on interest. With the mortgage right in the credit agreement, if the debtor defaults, execution of the mortgage right object can be carried out. In the Mortgage Right there is a principle of publicity, namely that the mortgage right must be carried out at the land office. Thus this mortgage can be known by the general public. At this time mortgage right registration is done electronically. The electronic registration of mortgage rights is not regulated in the Mortgage Right Law. This study aims to determine and analyze the phenomenon of mortgage rights registration implementation of Electronic in Credit Agreements in Indonesia. The research method used is empirical juridical, by reviewing legal principles, legal norms, legal regulations as well as implementation in society regarding the registration of electronic mortgage rights.