Comparison of Mortgage Rights Mechanisms in Indonesian and Common Law Legal Systems
Abstract
This article discusses the comparison between the mortgage rights mechanism in the Indonesian legal system (Hak Tanggungan) and the mortgage system in common law. The main focus lies on the legal characteristics of each system, such as the nature of the right, publicity principle, executory power, debtor protection, and the separation of ownership. Through a normative juridical and comparative law approach, it is found that the Indonesian system emphasizes legal certainty and execution efficiency, while the common law system tends to offer greater protection to debtors through the principle of equity of redemption and the separation of legal and equitable ownership. These differences reflect contrasting orientations between procedural efficiency and substantive justice in protecting the rights of parties in secured transactions.
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DOI: http://dx.doi.org/10.18415/ijmmu.v12i6.6872
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