Awang Long Law Review
Vol. 8 No. 3 (2026): Awang Long Law Review

DISHARMONY IN THE REGULATION OF MORTGAGE EXECUTION IN THE PROCESS OF DEBT PAYMENT OBLIGATION SUSPENSION AND BANKRUPTCY

Fidji Muhammad Sobar (Faculty of Law, Universitas Pakuan, Kota Bogor, Indonesia)
Yeni Nuraeni (Faculty of Law, Universitas Pakuan, Kota Bogor, Indonesia)
Eka Ardianto Iskandar (Faculty of Law, Universitas Pakuan, Kota Bogor, Indonesia)



Article Info

Publish Date
07 Apr 2026

Abstract

Suspension of Debt Payment Obligations (PKPU) under Law Number 37 of 2004 concerning Bankruptcy and PKPU is designed as a legal mechanism to facilitate fair and efficient debt restructuring while preventing business collapse. PKPU grants a temporary moratorium of up to 270 days for debtors to propose a composition plan to creditors. However, a normative conflict arises between the rights of secured creditors under Law Number 4 of 1996 concerning Mortgage Rights and the provisions of the Bankruptcy/PKPU Law. Article 6 of the Mortgage Law authorizes first-ranking mortgage holders to execute collateral through auction upon debtor default, whereas Article 245 of the Bankruptcy/PKPU Law restricts debt payments, including proceeds from collateral execution, prior to the approval of a composition plan (homologation) or a declaration of bankruptcy, except on a proportional basis to all creditors. This study employs normative juridical research using statutory, conceptual, and case approaches to analyze the disharmony between these regulations and its implications for legal certainty. The findings indicate that the suspension of execution rights during PKPU creates uncertainty and weakens the position of secured creditors, potentially conflicting with the principle of material security rights. Therefore, regulatory harmonization is necessary to balance the protection of secured creditors’ rights with the restructuring objectives of PKPU, thereby ensuring legal certainty and fairness within Indonesia’s insolvency framework.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...