1. Introduction

In the execution auction of a Mortgage Right (Hak Tanggungan), there are a number of documents that must be fulfilled before the auction can be held. One document that plays an important role is the Land Registration Certificate (Surat Keterangan Pendaftaran Tanah, “SKPT”). This document serves as a means of ensuring the legal status of the land object to be auctioned, thereby providing legal certainty for creditors, auction buyers, and auction officers.

2. Definition of the SKPT

The SKPT is a letter issued by the Land Office containing information on the legal data and administrative data of a land parcel recorded in the land registration system. In auction practice, the SKPT is used as a verification instrument to ensure that the object to be auctioned matches the data recorded at the Land Office.

3. Legal Basis

The implementation of the SKPT in the execution auction of a Mortgage Right is grounded in several legal provisions, among others:

a. Law Number 4 of 1996 on Mortgage Rights (“UUHT”), which gives the holder of a Mortgage Right the authority to sell the collateral object through a public auction if the debtor is in default.

b. Minister of Finance Regulation Number 122 of 2023 on Guidelines for the Implementation of Auctions (“MoF Regulation 122/2023”), which regulates the requirements and stages of auction implementation, including the obligation to fulfil the supporting documents for the auctioned object.

4. Function of the SKPT in Mortgage Right Auctions

The SKPT has several important functions, as follows:

a. Providing Certainty on the Legal Status of the Auctioned Object

The SKPT provides information on the latest condition of the land to be auctioned based on the data recorded at the Land Office.

b. Minimizing the Risk of Disputes

Through the SKPT, the seller and the auction organizer can check the object to be auctioned so that the auction process has a stronger administrative basis.

c. Completing the Auction Requirements

In the execution auction of a Mortgage Right, the SKPT is one of the documents that must be available before the auction is held.

d. Supporting Legal Certainty for Auction Buyers

The availability of the SKPT can help prospective auction participants gain an understanding of the status of the object they will purchase through the auction mechanism.

5. Procedure for Obtaining the SKPT

Based on the auction materials used in your organization, the stages of obtaining the SKPT include:

Stage 1: Request for the SKPT

After the auction schedule has been set, the SKPT request letter is issued by the State Asset and Auction Service Office (KPKNL) as part of the preparation for the auction.

Stage 2: Submission to the Land Office

The SKPT is obtained by the seller or a party representing the seller in accordance with the applicable provisions.

Stage 3: Electronic Process

The internal materials explain that the SKPT is submitted and issued electronically. 

Stage 4: Issuance of the SKPT

The SKPT must have been issued before the auction is held.

Stage 5: Uploading of Documents

Before the auction is held, the seller must upload and submit the required documents, including the SKPT, to the auction officer in accordance with the applicable provisions.

6. Position of the SKPT in the Auction Stages

In the internal presentation materials on Mortgage Right Execution Auctions, the SKPT is placed at the sixth stage, after:

1)      Submission of the Auction Application;

2)      Verification and Determination by the KPKNL;

3)      Determination of the Auction Schedule;

4)      Auction Announcement;

5)      Auction Notification Letter;

7. Conclusion

The SKPT is an important document in the execution auction of a Mortgage Right because it functions as an instrument for verifying the status of the land object to be auctioned. Based on the internal materials and MoF Regulation 122/2023, the SKPT must be issued before the auction is held, its request is issued by the KPKNL, and it is processed electronically. The presence of the SKPT supports legal certainty, transparency, and orderly administration in the execution auction of a Mortgage Right.

Contributor: Marisa Isnaeni