Legal Protection Against Buyer Good Faith in Implementation Execution of Mortgage Rights
Abstract
This journal aims to analyze the implementation of execution seizure of mortgage rights related to good faith buyers, as well as the legal protection available to them. Using normative legal research methods, the data collected includes primary, secondary, and tertiary data, with a case study on. The results of the study indicate that execution seizure by the court does not harm legitimate buyers, who still have the right to ownership even though they transact with sellers who are not entitled. The decision emphasizes the importance of legal protection for good faith buyers in accordance with the provisions of the Civil Code and the circular of the Supreme Court. It is recommended that the sale and purchase of land rights be carried out before a PPAT and that banks be more careful in providing credit to reduce future risks, and agreements between the parties must be clearly drafted to ensure legal validity.
References
R. Mubaroq, Agis Malik Hikam Sya'bani, Dhamar Pandu Jananta, and Syafrizal Hidayatulloh, “Implementation of the Rule of Law Principle in Governance and Protection of Human Rights in Indonesia,” Adv. Soc. Humanit. Res. , vol. X, no. 4, p. 10, 2023.
L. Yumna and A. Taufik, Sociology, Law, Sociology of Law . 2023.
I. Abbas and AHPK Putra, “Utilitarianism Perspective on The Use of E-Stamps in Business Practices in Indonesia,” J. IUS Kaji. Law and Justice , vol. 12, no. 1, pp. 224–236, 2024, doi: 10.29303/ius.v12i1.1513.
A. Prawira Buana, H. Hasbi, M. Kamal, and A. Aswari, “Implications of the Implementation of Illegal Cellular Phone Sales and Purchase Agreements (Black Market),” JCH (Jurnal Cendekia Hukum) , vol. 6, no. 1, p. 117, 2020, doi: 10.33760/jch.v6i1.268.
AM Fikri, "Law Enforcement in Child Fighting Crimes That Result in Death," vol. 1, no. 1, pp. 1–16, 2024.
DM Saputri and U. Pamulang, “Review,” vol. 2, no. 1, 2019.
SF Azzahra and MS Badriyah, “Legal Protection for Auction Winners for Mortgage Execution Objects,” J. Lex Renaiss. , vol. 8, no. 1, pp. 129–146, 2023.
MA Sukmaya, L. Abubakar, and T. Handayani, “Legal Protection for Auction Winners of Mortgage Objects in Cases of Impeded Execution by Lawsuits Reviewed from Collateral Law,” J. Ilm. Galuh Justisi , vol. 8, no. 2, p. 204, 2020, doi: 10.25157/justisi.v8i2.3605.
JM Monteiro, “Judges’ Decisions in Law Enforcement in Indonesia,” Jurnal Hukum Pro Justisia , vol. 25, no. 2. pp. 130–139, 2007. [Online]. Available: https://journal.unpar.ac.id/index.php/projustitia/issue/view/176
AP Buana, A. Aswari, MF Said, and MY Arifin, "Responsibility of Parking Service Business to the Protection of Consumers of the Parking Services in Makassar," Subst. Justice Int. J. Law , vol. 1, no. 1, p. 23, 2018, doi: 10.33096/substantivejustice.v1i1.15.
B. Nugroho, “The Role of Evidence in Criminal Cases in Judges' Decisions According to the Criminal Procedure Code,” Yuridika , vol. 32, no. 1, p. 17, 2017, doi: 10.20473/ydk.v32i1.4780.
N. Imanda, “The Birth of Mortgage Rights According to the Agrarian Government Regulation Concerning Electronically Integrated Mortgage Rights Services,” Notaire , vol. 3, no. 1, p. 151, 2020, doi: 10.20473/ntr.v3i1.17536.
A. Munandar and A. Hasan Ridwan, “Interpretation of Surah An-Nisa Verse 29 as the Legal Basis for the Ba'i Assalam Contract in Online Buying and Selling Practices,” Rayah Al-Islam , vol. 7, no. 1, pp. 271–287, 2023, doi: 10.37274/rais.v7i1.659.
MGSK Sari, I Gusti Agung Dhenita., Wairocana, I Gusti Ngurah., Resen, "Notary-Authority-and-PPAT-," J. Ilm. Notary Masters Study Program , no. 201 8, pp. 41–58, 2017.
Muhaimin, “Legal Research Methods,” Malang University Press, 2020.
N. Qamar et al. , “Legal Research Methods,” no. December, p. 176, 2017.
Copyright (c) 2025 Dhiya Salsabila Jamaluddin Sasa, Zainuddin Zainuddin, Mohammad Arif
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
