Journal of Economic & Business Law Review
Vol. 5 No. 1 (2025): Journal of Economic & Business Law Review

Legal Certainty of Execution of Bankrupt as Collateral Charged by Mortgage Rights

Nuslan, Feizy Veranda Adeline (Unknown)
Kusumawati, Lanny (Unknown)



Article Info

Publish Date
22 May 2025

Abstract

The legal framework governing bankruptcy and mortgage rights has been stated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as: KPKPU Law) and Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (hereinafter referred to as UUHT). Normatively, the two regulations are designed to complement each other. However, in its implementation, there is disharmony between Article 56 paragraph (1) of the KPKPU and Article 6 and Article 21 of the UUHT. Therefore, this study focuses on the analysis of legal protection for creditors holding mortgage rights in the condition of debtor bankruptcy and reviews the aspect of legal certainty in the process of executing collateral assets. This study adopts three main approaches, namely the legislative approach, the conceptual approach, and the case approach

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Journal Info

Abbrev

JEBLR

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Journal of Economic and Business Law Review (JEBLR) is published by the University of Jember and its management is under the Center for Banking Law Studies, Faculty of Law, the University of Jember, which focuses on research or studies within the scope of Economic Law, Business Law, Sharia Economic ...