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Atika Sandra Dewi
Universitas Amir Hamzah, Medan, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty in the Execution of Mortgage Rights for the Settlement of Non-Performing Loans Atika Sandra Dewi; Rianmahardhika Sahid Budiharseno
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.342

Abstract

Legal certainty in the execution of Mortgage Rights is essential for protecting creditors and ensuring the effective resolution of non-performing loans (NPLs) in Indonesia. Although Law No. 4 of 1996 concerning Mortgage Rights (UUHT) provides a comprehensive legal framework for secured lending, its implementation continues to encounter significant legal and institutional challenges. This study aims to examine the extent to which the existing legal framework ensures legal certainty, identify the doctrinal, procedural, and institutional barriers affecting Mortgage Rights execution, and propose legal reforms to improve its effectiveness. The research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed qualitatively using statutory interpretation, comparative analysis, and source triangulation. The findings indicate that the UUHT establishes a coherent framework through the principles of speciality, publicity, droit de préférence, and droit de suite, supported by executorial title, parate executie, and private sale mechanisms. However, inconsistent judicial interpretation, procedural complexity, fragmented institutional coordination, and incomplete digital implementation continue to undermine effective execution and legal certainty. As the principal contribution, this study proposes an Integrated Legal Certainty Model that combines normative harmonization, judicial consistency, institutional coordination, digital mortgage integration, and balanced creditor-debtor protection.
Force Majeure and Credit Restructuring: A Doctrinal Perspective on the Resolution of Non-Performing Loans Caused by Natural Disasters Tarmizi Tarmizi; Atika Sandra Dewi
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.326

Abstract

This study analyzes the legal relationship between force majeure and credit restructuring in Indonesia, particularly in addressing non-performing loans (NPLs) caused by natural disasters. It examines how force majeure is applied in credit agreements and how credit restructuring serves as a legal and financial mechanism to manage disaster-related credit distress. Using a doctrinal legal approach, the study reviews statutory provisions, banking regulations, and relevant literature, including Articles 1244 and 1245 of the Indonesian Civil Code and OJK Regulation No. 40/POJK.03/2019. The findings indicate that although Indonesian law recognizes natural disasters as potential force majeure events, their application in credit agreements is not automatic. Debtors must prove a direct causal link between the disaster and their inability to perform contractual obligations, which often leads to legal uncertainty and inconsistent interpretation. At the same time, credit restructuring, through rescheduling, reconditioning, and restructuring, provides a more practical response to financial distress. However, it operates separately from the force majeure doctrine, resulting in limited legal integration. The study also highlights that credit restructuring thus plays a dual role: supporting financial system stability and contributing to socio-economic recovery, particularly for micro, small, and medium enterprises.
Co-Authors Rianmahardhika Sahid Budiharseno Tarmizi Tarmizi