Verstek
Vol 13, No 4 (2025): OKTOBER-DESEMBER

KEDUDUKAN HUKUM OBJEK JAMINAN HAK TANGGUNGAN YANG DILETAKKAN SITA JAMINAN OLEH PENGADILAN DALAM PUTUSAN NOMOR 43/Pdt.Bth/2023/PN Skh

Dewi, Khoirunnisa Mustika (Unknown)
Aldyan, Arsyad (Unknown)



Article Info

Publish Date
22 Dec 2025

Abstract

This article analyzes the legal position of a Mortgage Right guarantee object that is subsequently placed under a security seizure by the court in Decision Number 43/Pdt.Bth/2023/PN Skh. The purpose of this article is to further examine the legal position of the Mortgage Right Guarantee object as a guarantee whose holder is prioritized by law based on Law Number 4 of 1996 concerning Mortgage Rights. The findings prove that the Mortgage Right holder, as a separate creditor, has precedence in carrying out the execution of its object compared to other creditors. However, if a security seizure is placed by the court on the Mortgage Right object, the law does not explicitly regulate the legal position of the guarantee object. The jurisprudence of the Supreme Court of the Republic of Indonesia, in this case, provides legal certainty regarding this issue, thereby reaffirming the legal position of the Mortgage Right guarantee object that is placed under a security seizure.

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Journal Info

Abbrev

verstek

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Verstek is a peer-reviewed journal published by Procedural Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate undergraduate students paper over current developments on procedural law issues in ...