Supreme Court Ruling Number 548 K/Pid/2004 is a court ruling which has a permanent legal force which ruled criminal case with the defendant H. Djuheni Rachman. In its ruling, the panel judge stated that H. Djuheni Rahman has been legally and convincing guilty of corruption conducted together and continue as well as ruled a plot of land as evidence with SHM Number 586 of 8.542 m2 located in Bungsing sub village, Guwosari village, sub district of Pajangan, District of Bantulwas seized by the state. Land SHM Number 586 that stated seized by the state apparently has been collateralized with mortgage right to Mandiri Syariah Bank before the criminal corruption case was ruled. With the mortgage right that has a preferred position as well as has the same executorial force with court ruling that has permanent legal force, made the execution of land SHM Number 586 became
hampered.
This research�s objectives were to discover legal status of land SHM Number 586 that became mortgage right if it was seized by the state and to learn the state�s position based on Supreme Court Number 548 K/Pid/2004 against mortgage right preference. Research method was using juridical normative research with statute and conceptual approaches. Legal materials, both primary and secondary as well as non legal material were collected and processed for further analyzed and drawn conclusion to answer problem formulation in this research. Based on research and analysis result, therefore it can be concluded that land with SHM Number 586 was not land obtained from result of criminal corruption and the Mandiri Syariah Bank has preference right that should be protected. With the seized of land with SHM Number 586 by the state caused this land legal status became unclear, despite physically land with SHM Number 586 has been occupied by the state, the mortgage right will remain inherent on this land. If the action of land with SHM Number 586 has been carried out, then Mandiri Syariah Bank is a party that should be prioritized in obtaining its settlement of its receivables and if there is still remaining then it will be given to the state.

Key Words: Court ruling that has a permanent legal force, auction of execution, mortgage right, preference right