IMPLIKASI HUKUM SITA PERSAMAAN TERHADAP HAK TANGGUNGAN DALAM SENGKETA PERDATA: STUDI PUTUSAN MA NO. 910 K/PDT/2025

Abstract

The decision examined in this article concerns cases of default found in civil law. The decision is interesting to study because the method of seizure carried out by the panel of judges in confiscating personal assets is considered quite unique and is something rarely heard of. In the decision, the panel of judges argued that in a seizure, an asset that has been subject to a mortgage right must be subjected to an equal seizure, thereby creating a dilemma or legal ambiguity. Through the study that has been reviewed and analyzed, the author addresses the issue using a descriptive-analytical approach as the analytical tool. Based on this analysis, it is the view that conducting a seizure of property/assets that have been subject to a mortgage right will result in legal implications that, if not clarified, will create a flawed legal procedure. Thus, it can be concluded that the clarity of a seizure mechanism must be clarified so that it does not cause implications and overlaps between one another.