DE LEGA LATA: Jurnal Ilmu Hukum
Vol 10, No 1 (2025): Januari-Juni

Adjustment/Equalizing Seizure As A Solution To The Filing Of Security Seizure On Objects Encumbered With Mortgage Rights

Zain, Muhammad Abyan (Unknown)
Rizkianti, Wardani (Unknown)



Article Info

Publish Date
29 Dec 2024

Abstract

The creditor holding a mortgage has a prioritized position as stated in Law No. 4 of 1996 about Mortgage Rights on Land and Objects Related to Land. Issues may arise when the court grants a request for a security seizure on an object currently encumbered with a mortgage, as this could lead to overlapping rights over the same immovable property. Normative legal research is the method employed in this study, utilizing a statutory and case-based approach. The findings indicate that seizure cannot be applied to land rights encumbered with a mortgage; instead, only Adjustment/Equality Seizure can be imposed. Although a security seizure was initially requested on the mortgaged object, the court may automatically grant the request as an Adjustment/Equality Seizure. The creditor holding the mortgage retains a superior position compared to the holder of the Adjustment/Equality Seizure

Copyrights © 2025






Journal Info

Abbrev

delegalata

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

De Lega Lata is an academic journal published by Faculty of Law, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected ...