Legal Implications of the Execution of Mortgage Rights by Separatist Creditors Through the Foreclosed Collateral (AYDA) Mechanism in Bankruptcy
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| Natura: | Recurso digital |
| Lingua: | Antico inglese |
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Zenodo
2026
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| _version_ | 1866901944057987072 |
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| author | Ikhyari Fatuti, Nurudin Aminah, .. |
| author_facet | Ikhyari Fatuti, Nurudin Aminah, .. |
| contents | <p>The increasing development of banking activities encourages the use of material collateral, particularly mortgage<br>rights, as a means to guarantee debt repayment. In the event that a debtor is declared bankrupt, the bank, as a secured creditor, in<br>principle has the right to execute the collateral object independently. This study uses a normative juridical legal research method<br>with a statutory and conceptual approach. Data were obtained through literature review and analyzed descriptively and analytically.<br>The results show that although banks, as secured creditors, have the right to execute collateral through the AYDA mechanism, its<br>implementation still faces legal weaknesses, such as multiple interpretations of regulations, unclear coordination with the curator,<br>and the risk of imbalanced protection between creditors. The legal implications of this mechanism emphasize the principle of justice,<br>with the obligation to balance the rights of secured creditors and the collective interests of other creditors; the principle of legal<br>certainty, through the need for regulatory harmonization so that the implementation of execution is clear and measurable; and the<br>principle of legal benefit, because AYDA can accelerate the resolution of problem loans and maintain banking stability if<br>implemented in a controlled manner. Thus, the implementation of AYDA must integrate these three principles to provide<br>proportional legal protection, clear guidelines, and real benefits for all parties involved.</p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_19124547 |
| institution | Zenodo |
| language | ang |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Legal Implications of the Execution of Mortgage Rights by Separatist Creditors Through the Foreclosed Collateral (AYDA) Mechanism in Bankruptcy Ikhyari Fatuti, Nurudin Aminah, .. Legal Implications, Separatist Creditors, Execution; Mortgage Rights, AYDA, Bankruptcy. <p>The increasing development of banking activities encourages the use of material collateral, particularly mortgage<br>rights, as a means to guarantee debt repayment. In the event that a debtor is declared bankrupt, the bank, as a secured creditor, in<br>principle has the right to execute the collateral object independently. This study uses a normative juridical legal research method<br>with a statutory and conceptual approach. Data were obtained through literature review and analyzed descriptively and analytically.<br>The results show that although banks, as secured creditors, have the right to execute collateral through the AYDA mechanism, its<br>implementation still faces legal weaknesses, such as multiple interpretations of regulations, unclear coordination with the curator,<br>and the risk of imbalanced protection between creditors. The legal implications of this mechanism emphasize the principle of justice,<br>with the obligation to balance the rights of secured creditors and the collective interests of other creditors; the principle of legal<br>certainty, through the need for regulatory harmonization so that the implementation of execution is clear and measurable; and the<br>principle of legal benefit, because AYDA can accelerate the resolution of problem loans and maintain banking stability if<br>implemented in a controlled manner. Thus, the implementation of AYDA must integrate these three principles to provide<br>proportional legal protection, clear guidelines, and real benefits for all parties involved.</p> |
| title | Legal Implications of the Execution of Mortgage Rights by Separatist Creditors Through the Foreclosed Collateral (AYDA) Mechanism in Bankruptcy |
| topic | Legal Implications, Separatist Creditors, Execution; Mortgage Rights, AYDA, Bankruptcy. |
| url | https://doi.org/10.5281/zenodo.19124547 |