Croatian International Relations Review

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Winahyu Erwiningsih
Lecturer of Land Law and Agrarian Law, Universitas Islam Indonesia

There exists a noteworthy incongruence between the regulatory paradigm overseeing the imposition of mortgage rights on uncertified land assets and its pragmatic execution, presenting substantial impediments for landowners in pursuit of credit. This investigation intricately explores the preservation of legal certainty associated with land serving as collateral in credit arrangements, particularly in instances where said land lacks formal certification. The research methodology employed herein comprises qualitative inquiry, amalgamating a normative legal perspective with a conceptual framework. The study contributes innovative perspectives by elucidating the legal provisions governing collateral relations involving land, addressing persistent administrative and juridical obstacles, and proposing practicable remedies. This emphasizes the imperative for the registration of uncertified land, given its susceptibility to legal complexities and heightened susceptibility. Aligning the registration of land rights with Mortgage Rights Law holds the potential to enhance the efficiency of credit provision and accelerate land registration endeavours within the Indonesian context. Policymakers can leverage this study to fine-tune regulations and expedite credit accessibility. Financial institutions, adhering to the 5C principles, can improve their evaluation of credit risk. Simultaneously, landowners stand to gain from heightened awareness regarding the significance of land ownership and the ensuing legal certainty.

Keywords: Legal Certainty, Land Collateral, Mortgage Rights, Credit Access, Land Registration.