Abi Hamdalah Sorimuda Harap
Faculty of Law, Universitas Tarumanegara, Jakarta, Indonesia

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Judicial Challenges to Mortgage Auction Enforcement Abi Hamdalah Sorimuda Harap; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38529

Abstract

Enforcement of mortgage auction is an essential mechanism to provide legal certainty and to protect secured creditors in Indonesia’s secured lending system. However, debtors' judicial challenges often create uncertainty about the executorial authority of mortgage rights and the implementation of public auction execution. The paper examines the legal consequences of judicial intervention in the enforcement of mortgage auctions, the legal remedies available to mortgage holders, and efforts to strengthen the legal certainty of mortgage execution. This study uses the normative legal method by applying statutory, conceptual, and case approaches in studying legislation, court decisions, legal doctrines, and principles regulating mortgage rights and auction enforcement. The findings show that judicial proceedings do not necessarily wipe out the executorial character of mortgage rights but may temporarily delay execution when legitimate procedural or substantive issues require judicial review. Procedural remedies protect mortgage holders by protecting their preferential rights and ensuring the enforceability of valid mortgage interests. The study also finds that, to strengthen legal certainty, consistent judicial interpretation, harmonized legal regulations, transparent execution procedures, and effective coordination among the courts, creditors, and auction authorities are required. It contends that a proportional balance between executorial efficiency and judicial protection is necessary to protect creditor rights, protect debtor interests, and improve the predictability, reliability, and effectiveness of enforcing mortgage auctions in the Indonesian legal system.