SKMHT is a power of attorney letter that states the delegation of authority to the mortgage holder in a property transaction. However, there are several requirements for creating this document.
Therefore, before making it, it’s important to first understand what SKMHT is, its functions, requirements, validity period, and costs. To learn more, check out the full explanation below!
What Is SKMHT?
SKMHT stands for Surat Kuasa Membebankan Hak Tanggungan (Power of Attorney to Charge Mortgage). Simply put, SKMHT is a letter stating the transfer of authority from the debtor to the creditor in a property transaction. In this case, the debtor is the grantor of the mortgage, while the creditor is the recipient.
Transactions that require this document include property sales, especially for those purchasing a house on credit when the certificate is still under the developer’s name. If the property is already owned by an individual, this document is not needed.
This power of attorney authorizes an individual over a property’s mortgage rights so that they can charge the property as collateral to the creditor. Not surprisingly, this document is essential in granting credit for property transactions.
Functions of SKMHT
SKMHT serves several functions in property transactions. The two main ones are:
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To authorize banks in the loan process if there are administrative issues or if the property ownership is not yet under the debtor’s name.
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To represent the developer in charging the mortgage rights by signing the APHT.
Difference Between SKMHT and APHT
In property transactions, certain documents may be required to ensure smooth loan processing, including SKMHT and APHT.
As explained earlier, SKMHT is a power of attorney to grant mortgage rights, allowing creditors to charge them even if the property is not yet under the borrower’s name.
Meanwhile, the Akta Pemberian Hak Tanggungan (APHT – Deed of Granting Mortgage Rights) is a document that serves as a debtor’s guarantee to repay the debt to the creditor. APHT must include the detailed terms and conditions of the mortgage rights.
Requirements for Creating SKMHT
It’s important to note that SKMHT must be in the form of an authentic deed executed before a PPAT (Land Deed Official) or notary.
This power of attorney must comply with the requirements stated in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights on Land and Related Objects.
In addition, some specific requirements may be imposed by banks or financial institutions involved. Therefore, it is recommended to consult a legal expert or notary before creating the document.
As a reference, the possible requirements for SKMHT include:
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Clear identification of all parties involved, including the grantor (property owner) and the grantee (bank or financial institution).
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A complete and clear description of the property in the SKMHT.
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Written consent from all parties involved, formally documented.
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Execution and signing of the document before an authorized notary.
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Payment of administrative fees, including notary and registration costs.
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Compliance with applicable laws on property and banking, including the latest SKMHT regulations.
Validity Period of SKMHT
According to Article 15 paragraph (1) of Law Number 4 of 1996, SKMHT is valid until the termination of the related principal agreement. Therefore, its validity depends on the loan period agreed between creditor and debtor.
For example, if the agreed term is five years, SKMHT can be used to issue APHT within those five years. After that, if APHT has not been executed, SKMHT becomes legally invalid.
This limitation is intended to prevent indefinite delays in issuing APHT.
If SKMHT becomes invalid, you will need to create a new document if required in a property transaction.
Costs of Creating SKMHT
When creating SKMHT, the costs are generally included in the notary fee during property transactions, covering certificate checks, deed of sale, and more. These costs may be borne by either the buyer or the seller.
Here are estimated costs for creating SKMHT:
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Certificate Fee: IDR 100,000
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Tax Validation Fee: IDR 200,000
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Title Transfer Fee (BBN): IDR 750,000
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Decision Letter (SK) Fee: IDR 1,000,000
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Deed of Sale and Purchase (AJB): IDR 2,400,000
Disclaimer: These costs are only estimates, as SKMHT fees depend on the notary and the region where the document is issued. For more accurate details, consult a notary in your area.
That is the complete information regarding SKMHT (Surat Kuasa Membebankan Hak Tanggungan). Be sure to understand all the details before creating one. If your property ownership documents are complete, you can use them to obtain funds for various needs, especially for running a business.
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