Mortgage Law Faces Its Yet Toughest Constitutional Test: Petition for the Constitutional Review on Mortgage Execution


As discussed on our previous legal alert, the Indonesian Constitutional Court Decision no. 18/PUU-XVII/2019 dated 6 January 2020 on Fiduciary Security Enforcement has not yet affected the enforcement of a mortgage security.

From our Banking & Finance Practice Group, Partner, Narada Kumara, and Associates, Febriantoro Suardy and Johanna Devi, continue to scrutinize the topic, taking into account the case number 21/PUU-XVIII/2020, or Mortgage Law Constitutionality Case, in which three petitioners have submitted a constitutional review on Articles 14 paragraph (3) and 20 paragraph (1) of Law No. 4 Year 1996 on Mortgage over Land and Objects Related to the Land.

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