Principles of Justice in Enforcement of Mortgage Rights According to the Indonesian Legal System

DOI

10.2991/978-2-38476-356-6_7How to use a DOI?

Keywords

Dependent Rights; Execution; Indonesian Legal System; Justice

Abstract

The process of implementing mortgage rights in the Indonesian legal system faces complex challenges that require a deep understanding of the principles of justice. Applications for the use of mortgage rights involve the mortgage right holder having the authority to regulate the process without interference from legal institutions. However, in practice, there is still a legal vacuum that causes inequality and violations of the principles of justice. This research explores the concept of justice in the execution of mortgage rights, basing the analysis on the principles of Pancasila and Law Number 4 of 1996 concerning Mortgage Rights. Even though the law gives authority to mortgage rights holders, its implementation still causes problems. Determination of auction price limits that do not reflect fair value and legal gaps in auction implementation guidelines create inequality and violations of justice. A deep understanding of the principles of justice, especially in the context of the execution of mortgage rights, is important to ensure that the rights and obligations of debtors and creditors are respected. In carrying out this research, the author focuses more on normative legal research. Therefore, it is necessary to update regulations and guidelines for auction implementation to ensure the implementation of mortgage rights in accordance with the principles of justice and avoid inequality that is detrimental to the parties concerned. In this way, a fair and just mortgage rights execution system can become a reality, supporting economic growth and the welfare of the Indonesian people.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Bachtiar Marbun
AU  - Budi Santoso
AU  - Yunanto Yunanto
PY  - 2025
DA  - 2025/02/11
TI  - Principles of Justice in Enforcement of Mortgage Rights According to the Indonesian Legal System
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 58
EP  - 64
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_7
DO  - 10.2991/978-2-38476-356-6_7
ID  - Marbun2025
ER  -