KEDUDUKAN JAMINAN KEBENDAAN YANG DIBEBANI HAK TANGGUNGAN MILIK PIHAK KETIGA SELAKU PEMBERI JAMINAN DALAM KEPAILITAN

Abstract

This article discusses the position of collateral security encumbered by mortgage rights owned by third parties as the grantor of collateral in bankruptcy. In the Indonesian legal system, collateral security, particularly those related to mortgage rights, plays a crucial role in providing legal certainty for creditors. However, in bankruptcy proceedings, the position of collateral security encumbering assets owned by third parties often raises legal issues, especially concerning the rights of third-party grantors and the position of creditors relying on such collateral. This study aims to analyze the legal status of collateral security encumbered by mortgage rights owned by third parties in bankruptcy proceedings, as well as the rights of the grantor and creditors in the context of debt settlement. It is hoped that this article will provide a deeper understanding of the challenges and legal solutions related to collateral in bankruptcy.