Journal of Law Science
Vol. 6 No. 4 (2024): October: Law Science

Legal mechanism of cross collateral guarantee execution in credit agreements in Indonesia

Mahmud, Nur Rahmawati (Unknown)



Article Info

Publish Date
30 Oct 2024

Abstract

The purpose of this research is to examine and contrast the two methods of conventional and cross-collateral execution in Indonesian credit agreements. Using a descriptive-analytical methodology grounded on normative law, this paper examines pertinent rules including the Mortgage Law and the Fiduciary Guarantee Law. According to this study's findings, even though the legislative framework has laid the groundwork for creditor protection, cross-collateral execution often encounters difficulties due to the inadequate execution methods and priority order of creditor claims. The most pressing issue is the possibility for conflicts to arise due to the lack of clarity about the relative importance of creditors' rights. Here, a less complicated method of execution is required to reduce the likelihood of disputes. Among the many suggestions made by this research are changes to the legislation to make priority rights of creditors more clear, improvements to the collateral registration system, and the use of blockchain technology to make the collateral registration and execution process more transparent. As a result, this research adds to the body of knowledge on Indonesian collateral law and provides useful guidance for resolving issues with cross-collateral collateral execution.

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...