The Legal Consequences Of The Cancellation Of Mortgage Rights By The Court Due To A Legally Defective Deed Of Sale And Purchase A Study Of Supreme Court Decision Number 5708 K/Pdt/2025

Abstract

Abstract The annulment of a Mortgage Right (Hak Tanggungan) by a court arising from a legally defective Sale and Purchase Deed (Akta Jual Beli) raises questions concerning the validity of the security interest and the protection of creditors. Supreme Court Decision Number 5708 K/Pdt/2025 forms the basis of analysis, employing a normative legal research method through statutory, conceptual and case approaches. The analysis demonstrates that a legal defect in the Sale and Purchase Deed that invalidates the acquisition of land rights consequently renders the Mortgage Right void by reason of its accessoir nature. Notwithstanding this, the annulment of the Mortgage Right does not extinguish the underlying debt relationship and the creditor therefore retains the right to pursue repayment of the debt and claim damages.