HAK TANGGUNGAN YANG DIBEBANKAN PADA JAMINAN HAK ATAS TANAH MILIK ANAK DI BAWAH UMUR (Studi Pada Kantor Notaris/PPAT Herny Wahdaniyah Wahab, S.H., M.Kn di Kabupaten Malang)

Granting of mortgage rights involves a debt repayment guarantee agreement between the mortgagee and the mortgagee. Both parties in the agreement must have legal capacity. However, in the process, a minor is involved as the owner of the rights and he cannot carry out legal acts himself. Given that in the legal regulation of mortgage rights, the mortgagee must have legal authority over the land that is being pledged. Therefore, the agreement cannot be made directly by a minor. The type of research used in this study is empirical research (field-research) with a sociological legal approach method concerning mortgage rights imposed on the collateral of land rights owned by minors. The results of this study indicate that mortgage rights on land owned by minors are carried out with a credit agreement. The land certificate is updated to include the new owner of the rights due to inheritance. Furthermore, the determination of guardianship from the Court is also required so that his rights can be represented. In this case, the SKMHT is used to bind the APHT which must be made by the PPAT according to the existence of the land. APHT includes promises related to mortgage rights and must involve related parties and witnesses. Thus, the implementation of the mortgage must comply with legal requirements to ensure protection for the parties involved. Obstacles that arise in the implementation include the need for additional documents, incomplete files, lack of customer understanding, and complicated administrative processes. This delay causes the mortgage process to be delayed. So to overcome these obstacles, it is necessary to educate all parties regarding the preparation of mature documents to facilitate the process.