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All Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Pujiono Pujiono
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Building an Integrated Foreclosure Enforcement System in the Post-Auction Eviction Execution of Mortgage Rights Michelle Tiffani; Mochamad Rizqi Zia Ulhaq; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.41388

Abstract

The post-auction eviction execution of Mortgage Rights objects constitutes a crucial stage in the enforcement of security rights because it determines the effectiveness of the auction winner’s physical possession of the property. However, the Indonesian civil procedural law system still separates auction proceedings and eviction execution into two distinct processes, resulting in procedural uncertainty, additional litigation, and obstacles to enforcement implementation. This study aims to analyze the normative weaknesses and practical problems in the implementation of post-auction eviction execution and to formulate a reform model through the concept of an Integrated Foreclosure Enforcement System. This research employs normative legal research methods using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed qualitatively through systematic, historical, and teleological interpretation. The findings indicate that the use of HIR and RBg as the legal basis for eviction execution is no longer compatible with the needs of modern foreclosure enforcement because they fail to integrate auction proceedings, transfer of rights, and physical possession of the object into a unified enforcement mechanism. Furthermore, weak institutional coordination, the absence of limitations on procedural abuse, and social resistance also contribute to the ineffectiveness of post-auction eviction execution. Based on a comparative analysis with the Netherlands and South Korea, this study proposes the concept of an Integrated Foreclosure Enforcement System emphasizing procedural integration, strengthening enforcement institutions, digitalization of execution administration, limitations on obstructive lawsuits and derden verzet, and a human-rights-based enforcement approach. Such reforms are necessary to establish a foreclosure enforcement system that is effective, certain, equitable, and supportive of the modernization of Indonesian civil procedural law.
Personal Data Protection in the Digital Age: An Analysis of Constitutionalism in E-Commerce Towards Harmonization of Regulations Okky Andaniswari; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 2 (2026): December, 2026 (In Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i2.27352

Abstract

The advancement of the digital era has brought significant changes to trade activities, particularly in the shift from conventional trading systems to faster and more precise electronic commerce (e-commerce). The study has revealed this new information regarding personal data protection information. As a result, the national legal system must control the growth of e-commerce while adhering to the strictest constitutional law requirements.  adhere to the strictest requirements of constitutional law while being governed by the national legal system. Law is essential to ensure that consumer rights are upheld and that businesses operate transparently and ethically. This balance will foster trust in e-commerce platforms and encourage their growth in a secure environment. This study uses normative juridical and conducts descriptive-analytical data analysis. It also uses theories, concepts, and principles of digital constitutionalism. This study aims to ascertain and evaluate the degree to which existing legislation offers legal certainty for safeguarding personal information in the context of online transactions. This study will look at current legal frameworks and how well they handle the problems brought on by the quick advancement of e-commerce technology. The results demonstrate that e-commerce rules are still dispersed throughout many laws and regulations, which raises questions about legal ambiguity and the security of personal information in e-commerce transactions.  In order to resolve this difficulty and construct a cohesive and legally sound regulatory framework based on constitutionalism, a special statute that fully regulates electronic commerce must be established.
Co-Authors Dewi Sulistianingsih Michelle Tiffani Mochamad Rizqi Zia Ulhaq Okky Andaniswari