<![CDATA[This study examines the legal qualification of mortgage creditors as bona fide third parties in the confiscation of assets related to corruption and evaluates the legal certainty of their protection. It employs normative legal research using statutory and conceptual approaches. The analysis focuses on the Mortgage Law, the Anti-Corruption Law, Supreme Court Regulation Number 2 of 2022, the United Nations Convention against Corruption, and the principles of legal certainty, justice, and utility. The study finds that a mortgage creditor may qualify as a third party because the creditor holds an independent registered security right and stands outside the offender's criminal liability. Good faith requires more than a valid Mortgage Certificate; it also depends on a genuine credit transaction, lawful registration, prudent examination of the collateral, reasonable timing and value, and the absence of knowledge or involvement in the offence. Existing law provides a substantive basis for protection but remains procedurally uncertain because Supreme Court Regulation Number 2 of 2022 does not expressly include mortgage creditors among eligible applicants. Legal certainty therefore requires explicit procedural standing, adequate notice, balanced evidentiary burdens, and a clear remedy, such as preserving the mortgage, separating the secured amount from sale proceeds, or paying the verified outstanding debt before the remainder is recovered by the state.]]>
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