Mahalini: Journal of Business Law
Vol. 2 No. 2 (2025): Mahalini: Journal of Business Law

Wanprestasi Debitur dan Perlindungan Hukum terhadap Kreditur Pemegang Hipotek Kapal

Mirza Yusuf (Universitas Negeri Semarang)
Tiara Amalia (Universitas Negeri Semarang)
Kamila Raisa (Universitas Negeri Semarang)
Dimas Aji (Universitas Negeri Semarang)
Fidelis Bentar (Universitas Negeri Semarang)
Yudhistira Raihan (Universitas Negeri Semarang)



Article Info

Publish Date
17 Nov 2025

Abstract

The growing activity of lending and borrowing within society demands the presence of collateral instruments that provide legal certainty and protection for creditors, one of which is through the imposition of a mortgage on sea-going vessels. This study aims to examine the imposition of ship mortgages from the perspective of collateral law in Indonesia, the forms of legal protection afforded to creditors in cases of debtor default, and the challenges that arise during the execution of the collateral object. The research method employed is normative juridical, using a literature study approach that includes legislation, legal doctrines, and court decisions. The findings show that sea-going vessels with a minimum gross tonnage of 20 m³ that are officially registered can be used as mortgage objects based on the provisions of the Indonesian Civil Code, Commercial Code, and Law Number 17 of 2008 on Shipping. A mortgage grants a preferential position to creditors, including direct execution rights and in rem rights that remain attached even if the object is transferred. Legal protection for creditors is divided into preventive and repressive measures, covering registration obligations, limiting clauses, preferential rights, droit de suite, and the executorial power of the grosse mortgage deed. The implications of this study indicate that Indonesia's legal system has provided a fairly comprehensive regulatory framework for ship mortgages, although practical challenges still exist, such as the legal status of ships under construction and ownership disputes that may hinder execution. Therefore, due diligence and institutional harmonization are necessary to strengthen the effectiveness of legal protection for creditors in maritime financing transactions.

Copyrights © 2025






Journal Info

Abbrev

mahalini

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Mahalini: Journal of Business Law publishes articles and comments on a broad range of business law topics, including corporate governance, securities regulation, capital market regulation, employment law, and the law of mergers and acquisitions This journal is intended to communicate the original ...