TANGGUNG JAWAB PERUSAHAAN PERBANKAN TERHADAP PENGEMBALIAN HAK DEBITUR ATAS SISA EKSEKUSI HAK TANGGUNGAN DI KOTA PEKANBARU

Abstract

Mortgage, is a security right imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, including or excluding other objects that are an integral part of the land, for the repayment of certain debts, which gives priority to certain creditors against other creditors. The type of research used is sociological research, or it can be called field research, namely conducting a study of the applicable law and how it is in reality in society. From the results of the study, it is concluded that, First, the arrangements related to mortgage rights refer to the Civil Code in general and Law Number 4 of 1996 concerning Mortgage Rights, technically regulated through Minister of Finance Regulation Number 213 / PMK.06 / 2020 concerning Guidelines for Conducting Auctions and Minister of Finance Regulation Number 213 / PMK.06 / 2020 concerning Guidelines for Conducting Auctions. The two weaknesses of this regulation are quantitative-based democracy or only the highest number of votes, the risk of money politics, the risk of horizontal conflict in the community, and conflict due to the determination of the winner if the results of the highest number of votes are more than one candidate.