Pelaksanaan Eksekusi Hak Tanggungan Terhadap Barang Jaminan Atas Perkara Wanprestasi Debitur Tidak Mampu Membayar Hutang Piutang Bank

Juniantoro, Bayu and , Nuswardhani, S.H., S.U. (2020) Pelaksanaan Eksekusi Hak Tanggungan Terhadap Barang Jaminan Atas Perkara Wanprestasi Debitur Tidak Mampu Membayar Hutang Piutang Bank. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The execution of mortgage rights occurs when the debtor is unable to pay the debt to the creditor, in this case the Bank. The mortgage right is a right that is given as collateral when the debt agreement is made. Execution is carried out by the bank by auctioning off collateral in the form of a land certificate belonging to the debtor. The auction is won by the buyer and paid as a form of debt repayment rather than the debtor, so that the land is already the property of the buyer. However, the debtor did not want to vacate the land owned by the buyer, so the buyer finally asked the District Court to carry out the execution. However, sometimes there were executions that ended in peace. On this basis the authors are interested in conducting this research. The type of research used in this research is descriptive research, which explains systematically and thoroughly the implementation of confiscation and execution of debtors' incapable of paying debts. The approach used is a normative approach that will examine legal principles, legal principles regarding the implementation of the execution of collateral for collateral in cases where the debtor is unable to pay debts. The results showed that the process of executing mortgage rights was initially carried out by the Bank, by auction. Then it is decided the winner of the auction, and has paid the agreed amount at the auction. The problem arises when the auction winner wants to occupy the land but the debtor does not want to leave the land. The auction winner finally submitted a request to the Pati District Court for the execution. After the district court gave a warning to the debtor to carry out the execution but the debtor still refused to do so, through a long process the debtor finally made peace with the buyer on the condition that the debtor had to pay off the remaining debt so that it was considered that the debtor had purchased the land and building from the buyer. Then the District Court makes a letter of conciliation between the debtor and the buyer, so that the guarantee execution rights are not enforced.

Item Type: Karya ilmiah (Skripsi)
Uncontrolled Keywords: Wanpresatsi, Mortgage Execution by Banks, Mortgage Execution by District Courts
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum
Depositing User: BAYU JUNIANTORO
Date Deposited: 04 Nov 2020 06:18
Last Modified: 04 Nov 2020 06:18
URI: http://eprints.ums.ac.id/id/eprint/86796

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