LEGAL PROTECTION FOR CREDITORS AGAINST THIRD PARTY SUITS AGAINST THE OBJECT OF THE COLLATERAL RIGHTS COLLATERAL WHICH CAUSES THE COLLATERAL RIGHTS COLLATERAL TO VOID

Masita Marasabessy, . (2026) LEGAL PROTECTION FOR CREDITORS AGAINST THIRD PARTY SUITS AGAINST THE OBJECT OF THE COLLATERAL RIGHTS COLLATERAL WHICH CAUSES THE COLLATERAL RIGHTS COLLATERAL TO VOID. Syiah Kuala Law Journal, 9 (2). pp. 396-404. ISSN 2580-9059

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Abstract

In banking practice, the object of mortgage collateral is often the object of disputes that lead to the victory of third parties, thus canceling the mortgage rights that have been registered by the creditor. Through the decision of the Bekasi District Court Number 645/Pdt.G/2021/PN Bks, this research shows that even though the mortgage right is cancelled, the main agreement between the creditor and the debtor remains valid and binding. Therefore, the debtor remains obliged to pay off the debt. To provide legal protection to the creditor, it is necessary to strengthen the clause in the credit agreement governing the replacement of the collateral object if the previous object is declared invalid. If the debtor fails to fulfill this obligation, the creditor can file a default lawsuit accompanied by a request for confiscation of collateral. This research concludes the importance of strengthening contractual aspects and prudential principles in granting credit to anticipate legal risks due to disputes over collateral objects. This research uses a normative legal research method with a statutory approach and a case approach. Legal materials consisting of primary legal materials and secondary legal materials using descriptive writing techniques.

Item Type:	Article
Additional Information:	[No. Panggil : 2110611154} [Pembimbing : Wardani Rizkianti] [Penguji 1 : Sylvana Murni Deborah Hutabarat] [Penguji 2 : Iwan Erar Joesoef]
Uncontrolled Keywords:	Civil Law, Divorce, Infidelity, Evidence, Judge's Decision.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	MASITA MARASABESSY
Date Deposited:	30 Mar 2026 02:12
Last Modified:	30 Mar 2026 02:12
URI:	http://repository.upnvj.ac.id/id/eprint/49782

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