COLLATERAL & SECURITY LAW

Legal Disputes and Enforcement of Security Rights over Tangible and Intangible Assets

collateral-law

Legal Services

Legal Disputes on Collateral & Security Rights (Mortgage, Fiduciary Duty, Hypothec, and Pledge)

Under these circumstances, as the legal counsel representing our Clients, we are fully authorized and equipped to initiate strategic legal actions to secure, enforce, and review collateral interests according to the prevailing asset-backed security laws.

Our Comprehensive Legal Approaches for Collateral & Security Law:

  1. a
    Comprehensive Legal Review: Conducting rigorous due diligence and compliance assessments of both procedural and substantive aspects of core facility agreements and collateral encumbrance structures, strictly aligned with statutory frameworks, including:
    • Law No. 4 of 1996 concerning Mortgage (Hak Tanggungan) on Land and Objects Related to Land.
    • Law No. 42 of 1999 concerning Fiduciary Security (Jaminan Fidusia).
  2. b

    Contractual Drafting & Restructuring: Formulating flawless, comprehensive deeds of amendment, modification, and creation of security interests for both movable and immovable assets, executed seamlessly through authorized Notaries and PPAT (Land Deed Officials).

  3. c
    Asset Execution & Enforcement Support: Assisting Clients directly in enforcing and executing Mortgage rights and/or Fiduciary Securities under Law No. 42 of 1999, utilizing optimized statutory mechanisms through the following operational steps:
    1. Formal Demand Letters (Somasi): Serving strict legal notices and formal warnings to non-compliant or defaulting security providers, demanding immediate settlement of outstanding obligations to the Creditor.
    2. Court-Sanctioned Warning (Aanmaning): Submitting official petitions to the Chief of the local District Court to issue a court warning to the defaulting Debtor, providing a strict 8 (eight) day window to fulfill their obligations or peacefully surrender the collateral to the Creditor (vide Article 196 H.I.R / 207 RBg).
    3. Exequatur & Execution Order (Fiat Eksekusi): Petitioning the Chief of the local District Court to grant an execution decree ordering court bailiffs to conduct an official foreclosure and asset seizure on the secured object (vide Article 197 H.I.R / 208 RBg).
    4. Law Enforcement Coordination: Interfacing and collaborating effectively with the Indonesian National Police (POLRI) to secure safe enforcement and execution of Fiduciary Security assets, in strict accordance with National Police Chief Regulation (Perkap) No. 8 of 2011.