Journal of Law and Justice
Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I

Juridical Review Of Mortgage Execution In Bad Credit Cases: A Civil Procedure Law Perspective

Arif, Ahmad (Unknown)



Article Info

Publish Date
04 Aug 2025

Abstract

This study critically examines the effectiveness of mortgage right execution under Indonesian civil procedural law in addressing non-performing loans. Employing a normative juridical approach through literature review, it analyzes statutory provisions and legal doctrines, particularly Law No. 4 of 1996 on Mortgage Rights. The findings reveal that despite the availability of mechanisms such as parate executie, executorial titles, and private sales, practical implementation remains hindered by complex bureaucracy, debtor objections, and procedural inefficiencies. The study highlights the potential role of digitalization, particularly blockchain technology, in enhancing transparency and legal certainty. It recommends regulatory harmonization, development of digital infrastructure, and a rights-based legal framework to strengthen protection for creditors, debtors, and third parties.

Copyrights © 2025






Journal Info

Abbrev

Equality-JLJ

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Other

Description

Equality : Journal of Law and Justice - e-ISSN: 3048-1252 (online) is a journal published by the Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia with the aim of developing research that focuses on Law and the Welfare of Indonesian Society. The journal is published in May and November ...