Jurnal Ilmu Hukum Prima, Vol. 5 No. 1. April 2014, ISSN: 2088-5288

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The existence of PPAT in binding credit through Encumbrance on making Granting Mortgage Deed (APHT), is a unity that is not separated. It is intertwined with each other, the emergence of the guarantee agreement is an agreement in principal due to the form of the agreement kedit. The purpose of this paper is first, knowing the importance of Mortgage as a guarantor institution in a credit agreement. Second, determine the role and function of PPAT also as a Notary Public on a credit agreement between the bank as a creditor and the debtor. Method of research done by two (2) ways, namely in the form of specifications, descriptive research, which illustrates the problems associated with the object of research. Descriptive analysis will be assessed the applicable regulations associated with law theories and practices concerning the implementation issues that have been identified and the approach in this study focuses on secondary data, in the form of primary legal materials, secondary and tertiary. And as a result of observation and research on the existence of PPAT in binding credit through Encumbrance shows that, first PPAT role in the binding process of credit between banks as creditors and the debtor is to provide evidence of the validity and Encumbrance. Second, in practice commonly used as collateral in taking credit facility is a Ownership and Broking. The third stage in the process of loading or Tanggugan Rights consists of the signing of the credit agreement as a principal agreement, then making a Deed Granting Mortgage by PPAT and final registration process Encumbrance the Land Office associated with the object Mortgage is located. As a recommendation is the need Mortgage Law presented to the public in the form of seminars, counseling and the like so that ordinary people understand the truth about the legal system of institutional guarantees in Indonesia.

Kata Kunci: Existence PPAT, Binding Credit Through HT