Indonesian Journal of Law and Policy Studies
Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies

The Paradox of Cessie: Juridical Risks Behind the Euphoria of Non-Performing Asset Purchases

Rijal Ibnu Sani (Universitas Muhammadiyah Tangerang)
Suartini Suartini (Universitas Al Azhar Indonesia)
Ahmad Ahmad (Universitas Muhammadiyah Tangerang)
Tri Cahya Indra Permana (Universitas Muhammadiyah Tangerang)
Gamal Abdul Nasir (Universitas Muhammadiyah Tangerang)



Article Info

Publish Date
15 Nov 2025

Abstract

The phenomenon of bank receivables assignment (cessie) in Indonesia is currently experiencing a misleading paradigm shift, whereby this instrument is marketed as if it were a transaction for purchasing discounted property assets. The principal issue addressed in this study is a juridical paradox in the form of public misconception equating the position of the cessionary (assignee of receivables) with that of the direct owner of the secured object, whereas legally cessie merely constitutes the transfer of a claim right (vordering op naam). This research aims to deconstruct the proprietary nature of rights in cessie and to map the legal risks arising from the euphoria surrounding the acquisition of non-performing loans. The method employed is normative juridical research using statutory and conceptual approaches. The findings demonstrate that cessie does not automatically transfer ownership of the asset due to its accessory nature; physical control over the collateral still requires enforcement through mortgage execution procedures or eviction lawsuits, both of which are vulnerable to debtor resistance (derden verzet). The study concludes that the euphoria of purchasing cessie without proper legal risk mitigation will entrap buyers in protracted litigation and high costs. In essence, the buyer does not purchase a “house,” but rather a “right to claim,” fraught with legal uncertainty.

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Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...