Ship mortgage is a form of proprietary security that has a strategic position in financing shipping activities because registered ships may be used as collateral to secure the repayment of specific debts. Legal issues arise when a debtor defaults, as the executorial force attached to the Grosse Akta Hipotek does not, by itself, guarantee the effective enforcement of the mortgage against the ship. This study aims to analyze the regulation of ship mortgages, the legal position of the Grosse Akta Hipotek, the mechanism for enforcing ship mortgages against defaulting debtors, and the legal certainty of their enforcement. This study employs a normative juridical method using statutory, conceptual, and case approaches through an analysis of the Shipping Law, the Indonesian Civil Code, the Commercial Code, and relevant legal literature and research. The results show that the Shipping Law grants the Grosse Akta Hipotek executorial force equivalent to a final and binding court judgment. However, enforcement remains problematic when the ship is sailing, conducting loading and unloading activities, or located outside Indonesian jurisdiction. These circumstances indicate the need to harmonize enforcement mechanisms so that the security rights over ships do not remain merely normative but can be effectively realized in resolving default.
Copyrights © 2026