pelaksanaan sita eksekusi atas objek jaminan hipotek kapal laut yang sedang dalam kegiatan pelayaran

This study aims to determine all types of Execution that can be applied to the object of collateral that is provided with a Mortgage. From the various types of executions offered starting from Execution with Executive Titles (which are based on the existence of irregularities in the mortgage deed), the second through Parate Execution which can be carried out without going through the court, but only with the power of selling by creditors, and the last through sales with agreements between debtors and creditors to find buyers with the highest prices. Based on the results of the study it can be concluded that in the execution of the object of collateral related to the default given still does not protect the interests of the creditor. Where in this case when the object of guarantee is still in loading and unloading activities. When in the process of loading and unloading, the ship cannot be executed Execution of the object of the guarantee. In addition, there are other obstacles, namely when the object of guarantee is sailing, whether in Indonesian waters or abroad, it will complicate the execution of the object of the guarantee. So that from some of the obstacles above can further weaken the position of creditors. This research is normative research. The results obtained from this study are necessary to interpret the provisions of ship mortgage regulations and also the ratification of relevant international conventions, so that there will be no more legal vacancies.