Perlindungan Hukum Kreditur Pemegang Hak Tanggungan dalam Kasus Objek Jaminan dari Hasil Tindak Pidana Korupsi (Studi Putusan Pengadilan Negeri Bitung Nomor 70/Pdt.Bth/2015/Pn.Bit)

Abstract

Legal protection for creditors holding mortgage rights faces serious challenges when the collateral object is proven to originate from the proceeds of corruption. A juridical conflict arose in the case between PT Bank Panin Banjarmasin Branch and the Bitung District Prosecutor’s Office, where a house encumbered with mortgage rights was confiscated by the state on the grounds that it was obtained through corruption. This conflict highlights the tension between civil law provisions as regulated in Law No. 4 of 1996 on Mortgage Rights and criminal law provisions under Law No. 20 of 2001 on the Eradication of Corruption, thus requiring an in-depth juridical analysis. This study employs a normative juridical method with an empirical approach through the examination of legislation, legal doctrines, and court decisions to obtain primary data. The analysis focuses on the legal strength of mortgage rights as preferential security rights with executorial power (droit de preference and droit de suite) attached to the collateral object, thereby ensuring a privileged position for bona fide creditors even if the collateral changes hands or is linked to criminal acts. The findings indicate that mortgage rights, as security rights, retain their binding legal force and provide full protection to bona fide creditors. Thus, legal certainty and the protection of security rights must be prioritized to safeguard the integrity of the banking system and the sense of justice, without disregarding the objective of recovering state losses. More explicit and comprehensive normative regulations are required to create a balance between the state’s interest in eradicating corruption and the protection of creditors holding mortgage rights.