ADJUSTMENT/EQUALIZING SEIZURE AS A SOLUTION TO THE FILING OF SECURITY SEIZURE ON OBJECTS ENCUMBERED WITH MORTGAGE RIGHTS

Muhammad Abyan Zain, . (2025) ADJUSTMENT/EQUALIZING SEIZURE AS A SOLUTION TO THE FILING OF SECURITY SEIZURE ON OBJECTS ENCUMBERED WITH MORTGAGE RIGHTS. De Lega Lata: Jurnal Ilmu Hukum, 10 (1). pp. 67-75. ISSN 2580-4170

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Abstract

The creditor holding a mortgage has a prioritized position as stated in Law No. 4 of 1996 about Mortgage Rights on Land and Objects Related to Land. Issues may arise when the court grants a request for a security seizure on an object currently encumbered with a mortgage, as this could lead to overlapping rights over the same immovable property. Normative legal research is the method employed in this study, utilizing a statutory and case-based approach. The findings indicate that seizure cannot be applied to land rights encumbered with a mortgage; instead, only Adjustment/Equality Seizure can be imposed. Although a security seizure was initially requested on the mortgaged object, the court may automatically grant the request as an Adjustment/Equality Seizure. The creditor holding the mortgage retains a superior position compared to the holder of the Adjustment/Equality Seizure.

Item Type:	Article
Additional Information:	[No. Panggil : 2110611165] [Pembimbing : Wardani Rizkianti] [Penguji 1 : Ali Hanafiah Selian] [Penguji 2 : Taupiqqurahman]
Uncontrolled Keywords:	Mortgage Rights, Security Seizure, Adjustment/Equalizing Seizure
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	MUHAMMAD ABYAN ZAIN
Date Deposited:	05 Feb 2025 10:46
Last Modified:	19 Feb 2025 02:14
URI:	http://repository.upnvj.ac.id/id/eprint/35957

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