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VOL. 10, ISSUE 2 (2024)
Rights and obligations of creditors: Reflection on the cancellation of collateral by the court (A study of the Supreme Court decision of the republic of Indonesia number 3659 K/Pdt/2019)
Authors
Hesti Yunita Sari, Adi Sulistiyono, Fatma Ulfatun Najicha
Abstract
Cancellation of collateral by the court has become a significant issue
in the context of civil law in Indonesia. The Supreme Court Decision of the
Republic of Indonesia Number 3659 K/Pdt/2019 highlights the complexities of
creditors' rights and obligations when facing situations where the collateral
for their loans is revoked by the court. This article aims to analyze the
impact and implications of collateral cancellation on creditors' rights and
obligations, using the aforementioned Supreme Court decision as a case study. This
research employs a normative research method with a legislative approach and a
case study. The findings indicate that the cancellation of loan agreements and
collateral by the court, as in the case of Supreme Court Decision Number 3659
K/Pdt/2019, illustrates the complexity of lending practices. The court should
not annul loan agreements; a proportional solution is to annul only the Deed of
Granting Mortgage, maintaining the debtor's debt with the creditor. Following
the cancellation, creditors can restructure loans, track debtor assets, or file
for a seizure of assets. A comprehensive approach involving regulators,
financial institutions, debtors, and the judiciary is necessary to ensure legal
certainty and creditor protection.
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Pages:106-111
How to cite this article:
Hesti Yunita Sari, Adi Sulistiyono, Fatma Ulfatun Najicha "Rights and obligations of creditors: Reflection on the cancellation of collateral by the court (A study of the Supreme Court decision of the republic of Indonesia number 3659 K/Pdt/2019)". International Journal of Law, Vol 10, Issue 2, 2024, Pages 106-111
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