THE LEGAL FORCE OF PARATE EXECUTION OF MORTGAGES OVER CONSTITUTED ATTACHMENT OF LAND AND BUILDINGS: A LEGAL-HISTORICAL PERSPECTIVE

Abstract

Parate execution of mortgage rights (Hak Tanggungan) constitutes an enforcement mechanism whose historical foundation reflects a tension between the colonial paradigm that prioritized efficiency and the post-independence legal system that emphasizes judicial oversight over all enforcement actions. This article examines two central issues: the legal framework governing the parate execution of mortgage rights over seized land and buildings from a historical-legal perspective, and the legal strength of such execution within the broader historical development of security interests in Indonesia. This study employs a normative legal research method using statutory and conceptual approaches, analyzed qualitatively through historical development, doctrinal interpretation, and judicial practice. The findings demonstrate that parate execution originates from the colonial hypotheek system that historically vested dominant authority in creditors, yet its operation gradually transformed alongside the strengthening of judicial control in modern law. Moreover, the execution of mortgage rights over seized objects possesses a conditional legal force because judicial seizure places the object under the court’s authority, requiring adherence to due process of law and consideration of third-party interests.