KEADILAN HUKUM DALAM EKSEKUSI HAK TANGGUNGAN TERHADAP DEBITUR

Abstract

After the enactment of Law NO.4 of 1996, the bank as a creditor rarely conducted an auction through the court even though there was an addendum to conduct an auction through the court, but with MARI's decision No.3210K/Pdt.G/1984 and book II MARI edition of 2010 2007 Guidelines for the Supreme Court of the Republic of Indonesia which requires fiat execution through the courts. In fact, the creditor in carrying out the auction process without going through the Court, so that it has an impact on interested buyers of the auction, because there are often many obstacles when emptying because the auction is not going through the Court. So the procedure for carrying out an auction that already has an addendum that chooses to go to court remains through fiat execution from the chairman of the court where the object of the Mortgage is located. Based on this explanation, it is necessary to study the renewal of debt agreements between creditors and debtors and the application of the principle of publicity in the pre-execution activities of Mortgage Rights against debtors by creditors. The research specification used in this research is analytical descriptive, namely to describe objects or problems that are currently happening in research, or a research whose main goal is to describe complex social realities in such a way that social relevance can be achieved. In this case regarding the execution of the Mortgage as a debit guarantee for legal protection for the interests of the Debtor. The conclusion in this study for the public in general who are directly involved with banks as creditors in the context of bank credit through loan agreements with creditors, the community should understand and understand each of the contents and consequences of agreeing and signing the loan agreement.