Author(s): Siti Malikhatun Badriyah, Indah Susilowati, Retno Saraswati, Yos Johan Utama
This study aims to investigate and analyze the urgency of reorienting the implementation of the legal principle of guaranteed mortgage rights to create a balanced legal relationship and provide legal protection to the parties equally. This study uses a legal pluralism approach by examining the principles of law, legal norms, legal regulations, doctrines relating to the imposition of mortgage rights in the procurement of capital and its implementation in people's lives. Theories and concepts used in this study are the concept of material rights, the concept of collateral, the concept of contract law, responsive law, progressive law, the principles of law. From the results of the study, there are various deviations from the principles of material security and the related principles of agreement law. In addition, deviations from the principle of material laws and guarantees result in different interpretations within the community in the implementation and enforcement of the law, and a lack of legal certainty that has the potential to cause conflicts that result in a lack of legal protection for the parties. The results are useful for the potential to resolve the difficulties for stakeholders, both the government, business actors, and the community in general in terms of guarantees in mortgage rights. This study aims to reformulate the legal consideration of legal principle of the existence of guarantee in mortgage rights.