Disharmony In The Execution Of Mortgage Certificates In Bank Credit From The Perspective Of The Principle Of Legal Certainty

Abstract

The execution of Mortgage Certificates in banking credit practices does not fully guarantee the ease and legal certainty as stipulated in Law No. 4 of 1996. Disharmony arises due to overlapping norms, differences in interpretation of parate execution and the involvement of courts which prolongs the auction process. This normative legal research finds that the lack of synchronization between regulations, inter-agency mechanisms and litigious legal culture reduces legal predictability and system effectiveness. It is concluded that regulatory harmonization and institutional synchronization are necessary to achieve legal certainty in the execution of Mortgage Rights.