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Electronically Integrated Mortgage Right Service

By August 27, 2019 No Comments

Electronically Integrated Mortgage Rights Service (“e-HT System”) is a series of mortgage right service processes in relation to land registration maintenance data carried out through an integrated electronic system. Basic consideration of the issuance of Minister of Agrarian and Spatial Plan/Head of National Land Agency Regulation Number 9 of 2019 (“MR No. 9/2019”) is for the mortgage right procedure can be electronically integrated so that it is  effective and efficient, which consist of (i) implementation of e-HT System, (ii) mechanism of e-HT system, (iii) service delay, and (iv) data validity.

Implementation of e-HT System

e-HT System will be held by Land Office gradually, which will be determined later by Minister of Agrarian and Spatial Plan/Head of National Land Agency (“Minister”) in accordance with the readiness of supporting data. Type of service in e-HT system are (i) registration of mortgage right, (ii) transfer of mortgage right, (iii) change of creditor’s name, and (iv) deletion (roya) of mortgage right (“Mortgage Right Services”).

To access the e-HT System, every creditor, both individual and legal entity, must be a registered user on e-HT System, who firstly registered on e-HT System, with requirements (i) has an electronic domicile, in the form of e-mail address and/or mobile phone number that has been verified, (ii) registered information letter in Financial Service Authority, (iii) a statement of fulfillment of the requirements and criteria, and approval of conditions as registered user, and (iv) other requirements that determined by the Ministry Agrarian and Spatial Plan/National Land Agency (“Ministry”). The Ministry will conduct a verification on the registration as registered user. The Ministry, if the registered user committed a violation, authorize to conduct (i) a suspension of access rights, or (ii) revocation of registered user status.

Mechanism of e-HT System

After registered, the application of Mortgage Right Services is submitted through e-HT System in the form of electronic document, with requirements (i) in accordance with law and regulations, and (ii) prepare a statement letter regarding accountability of validity and truthfulness of the submitted electronic document data. The requirement of certificate of land rights and certificate of right of ownership on condominium (“Certificate”) must be in accordance with debtor’s name. While, the original documents in relation to the application of Mortgage Rights Services must be kept by the applicant. Especially for the mortgage rights service application, the deed of granting mortgage right is submitted by Land Conveyancing Officer (PPAT) in the form of document electronic through e-HT System.

Service application that has been received by e-HT System will obtain receipt on system, which at least contains (i) file number, (ii) date of registration application, (iii) name of applicant, and (iv) code of service fee payment. Subsequently, no later than three days after the date of application registration, the applicant shall conduct a payment through bank. Fees charged in accordance with costs in non-tax state revenue (PNBP). If that time period has passed, then the application is considered as cancelled. The registration application will be processed after the data of application and payment has been confirmed by electronic system. If it has not been confirmed, then the applicant may conduct a confirmation directly to the Land Office or through report service.

Mortgage Right Service processed by conducting a mortgage right recording on (i) land book, by Chief of Land Office, and (ii) Certificate, by creditor by printing a record issued by e-HT System and attaches it on Certificate.

The Issuance of the Result of Mortgage Right Service

In seven days after the application is confirmed on e-HT System, then the result of Mortgage Right Service will be issued, in the form of (i) certificate of mortgage rights (“SHT”), and (ii) mortgage rights record on land book and Certificate, both of which are made in the form of electronic document with electronic signature.

If the receivable has been paid off, creditor immediately register a deletion (roya) through System HT-el. SHT resulting from the transfer of mortgage right, change of creditor’s name or deletion (roya), issued with the same number as the previous SHT, and the previous SHT will be given a special mark which states that it is no longer valid.

If there is a mistake filling out the data in the application of Mortgage Right Service which is known after the SHT has issued, then the holder of SHT (creditor) may submit a correction through e-HT System in 30 days at the most since the date of the issuance of SHT, and charged in accordance with PNBP. In such case, the SHT is declared as status quo. After the correction result of SHT has issued, then the previous SHT will be declared as invalid.

Prohibition

The holder of SHT is prohibited to (i) changing, manipulating, creating, deleting, and/or ruining electronic information and/or electronic document with the aim of acting as an authentic deed, and/or (ii) copying, distributing, transmitting, and/or transferring, which result in the opening of electronic information and/or document electronic to other party. If both restrictions are violated, then the registered user or the holder of SHT may be imposed with sanctions in the form of (i) temporary or permanent closure of access right, and/or (ii) cancellation of SHT.

Service Delay

If;

  1. The Mortgage Right Service is in the process but there is an application of seizure and/or blockage, then the process of Mortgage Right Service will be delayed. If the delay exceeds seven days, then the Mortgage Right Service will be declared as cancelled.
  2. A force majeure occurs which disrupts the e-HT System and the result of Mortgage Right Service cannot be issued, then the Mortgage Rights Service will be declared as cancelled.

The cancellation will be informed to the applicant through e-HT System. If there is a cancellation and the applicant has paid, the fee will be re-delivered in accordance with the prevailing provisions.


Adrian Fernando Simangunsong