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All Journal Golden Ratio of Data in Summary International Journal of Management, Entrepreneurship, Social Science and Humanities (IJMESH)
Wiguna, Ervan
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Creditors Against Auction Execution of Mortgage Rights Objects in Disputes Wiguna, Ervan; Musthofa, Hanna Noviana Noer; Maskanah, Ummi
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.943

Abstract

The execution of mortgage collateral auctions often encounters legal obstacles when the object of collateral provided by the debtor is under dispute. Such conditions pose significant challenges to the legal protection of creditors, particularly in their efforts to secure debt repayment through auction mechanisms. Disputes over the collateral frequently result in delays or even render the auction process infeasible, weakening the creditors' position as holders of mortgage rights. This study analyzes the legal protection afforded to creditors against obstacles in auction execution caused by disputes over the collateral. Furthermore, the research examines the role of legal provisions stipulated in Law No. 4 of 1996 concerning Mortgage Rights in resolving such challenges. The findings emphasize the necessity of stricter law enforcement and the establishment of effective dispute resolution mechanisms to safeguard creditors' rights, even when the mortgage collateral is subject to legal disputes.
Legal Protection of Creditors Against Auction Execution of Mortgage Rights Objects in Disputes Wiguna, Ervan; Musthofa, Hanna Noviana Noer; Maskanah, Ummi
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.943

Abstract

The execution of mortgage collateral auctions often encounters legal obstacles when the object of collateral provided by the debtor is under dispute. Such conditions pose significant challenges to the legal protection of creditors, particularly in their efforts to secure debt repayment through auction mechanisms. Disputes over the collateral frequently result in delays or even render the auction process infeasible, weakening the creditors' position as holders of mortgage rights. This study analyzes the legal protection afforded to creditors against obstacles in auction execution caused by disputes over the collateral. Furthermore, the research examines the role of legal provisions stipulated in Law No. 4 of 1996 concerning Mortgage Rights in resolving such challenges. The findings emphasize the necessity of stricter law enforcement and the establishment of effective dispute resolution mechanisms to safeguard creditors' rights, even when the mortgage collateral is subject to legal disputes.
Legal Accountability of Land Deed Officials for Issuing Land Transfer Deeds Using Fraudulent Modus Operandi Aslan, Aslan Noor; Wiguna, Ervan; Avshary, Muhammad Akhmal; Nurlianda, Vina; Lukman, Gilza Azzahra; Joserando, Jodi Jordan; Fuazi, Afif
International Journal of Management, Entrepreneurship, Social Science and Humanities Vol. 9 No. 2 (2025): July - December Volume
Publisher : Research Synergy Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/ijmesh.v9i2.3625

Abstract

The Land Deed Official (PPAT) plays a crucial role in ensuring the validity of land rights transfers by issuing authentic deeds. However, in practice, this authority can be abused through fraudulent modus operandi that employ such deeds as instruments of criminal acts, as illustrated by the land mafia case involving Mbah Tupon. The legal issues that arise include the juridical accountability of PPATs involved in issuing land transfer deeds through fraudulent modus operandi, as well as the effectiveness of supervisory and guidance mechanisms in preventing similar practices. This study aims to analyse the forms of PPAT accountability from the perspectives of civil, criminal, and administrative law, as well as to examine the ideal models of supervision and guidance for preventing land mafia practices. The research method employed is normative juridical with statutory, conceptual, and case study approaches, linking land law norms with the professional ethics of PPATs. The results of the study indicate that PPATs involved in fraudulent modus operandi may be held cumulatively liable under all three legal regimes. However, weaknesses in internal supervision systems and the lack of strict administrative sanctions remain loopholes that allow such violations to occur. Reforming supervision policies, strengthening the role of the PPAT Supervisory Council, and digitising the deed-making process are strategic measures to prevent abuse of authority and provide effective legal protection for landowners.
Co-Authors Aslan, Aslan Noor Avshary, Muhammad Akhmal Fuazi, Afif Hj. Ummi Maskanah Joserando, Jodi Jordan Lukman, Gilza Azzahra Musthofa, Hanna Noviana Noer Nurlianda, Vina