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All Journal JOURNAL SCIENTIFIC OF MANDALIKA (JSM) PALAR : Pakuan Law Review
Yuliana Risna Maengkom
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Efektifitas Eksekusi Obyek Hak Tanggungan Menurut Hukum Positif Elyza.Z; Yuliana Risna Maengkom; Diana R.W. Napitupulu
Journal Scientific of Mandalika (JSM) e-ISSN 2745-5955 | p-ISSN 2809-0543 Vol. 6 No. 8 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/10.36312/vol6iss8pp2187-2195

Abstract

Article 6 of the Mortgage Rights Law stipulates that if the debtor is in default, the first holder of the Mortgage Rights has the right to sell the object of the Mortgage Rights on its own authority through a public auction and collect the debt from the proceeds of the sale based on Article 6 of the Mortgage Rights Law. In reality, there is uncertainty of legal protection to creditors holding Building Rights Title collateral on Management Rights land, which is evidenced by the difficulty of creditors to execute collateral objects when the debtor defaults. The challenge that arises lies in the implementation of execution, where the execution of collateral is not as easy as the executorial power contained in the deed of acknowledgement of debt, so that the position of the creditor juridically has the right to execute when the debtor is declared in default.Research method is a process, principles and procedures for solving problems encountered in conducting research, which is an effort to discover, develop and test the truth of knowledge, which is carried out using scientific methods. In conclusion, Hak Tanggungan is a security right regulated in Law Number 4 Year 1996 as a substitute for mortgage and creditverband, with objects including property rights, business use rights, and building use rights. The encumbrance process involves two stages: the making of a Deed of Granting Mortgage Rights (APHT) by a PPAT and registration at the Land Office, which then results in a Mortgage Rights Certificate with the same executorial power as a court decision with permanent legal force. Mortgage Rights have the principles of preference, droit de suite, speciality, publicity, and ease of execution. Execution can be carried out through public auction based on the executorial title in the certificate or sale under the hand with certain conditions, such as notification to related parties and announcement in the media. Mortgage rights are extinguished due to debt repayment, relinquishment of rights by the creditor, a court order, or the extinguishment of the secured land rights.
Legal Certainty Regarding the Regulation of Shipping Lanes as an Effort to Prevent Vessel Accidents Yuliana Risna Maengkom; Hulman Panjaitan; Paltiada Saragi
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.43

Abstract

As an archipelagic state, Indonesia experiences high-intensity maritime traffic, which requires effective shipping lane management to ensure navigational safety and prevent ship accidents. The expansion of the fleet and increasing route density have elevated the risk of incidents, which in practice is often triggered by non-compliance with safety provisions (including rules for narrow channels) and weak supervision and law enforcement. This study aims to analyze (1) the constraints and challenges of current shipping lane management in Indonesia, and (2) the role of legal regulation in improving maritime safety and enforcing violations of shipping lanes in order to achieve legal certainty. The research employs a normative juridical method using statutory and analytical approaches, through a literature review of primary and secondary legal materials, including the ratified UNCLOS 1982 regime, national maritime/Shipping regulations, and technical provisions on navigational safety. The normative analysis indicates critical issues in the form of potential regulatory overlap and inter-agency coordination gaps, limited surveillance capacity, and suboptimal user compliance; these conditions imply that accident prevention has not been maximized and that legal certainty in maritime traffic governance remains weak. This study recommends regulatory harmonization, strengthening supervisory mechanisms and consistent enforcement of sanctions, as well as improving compliance standards for navigational safety as key prerequisites for sustainable ship-accident prevention.[1] Keywords: legal certainty; shipping lane management; maritime safety; law enforcement; ship accidents. [1] 1 For information on numbers for authors, the intention is to distinguish the origin of the institution (affiliation) of the authors, who sometimes collaborate with study programs or other agencies.
Co-Authors Diana R.W. Napitupulu Elyza.Z Hulman Panjaitan Paltiada Saragi