Kemalasari, Fariska Cahya and , Nuswardhani, S.H, S.U (2019) Proses Penyelesaian Perkara Jual Beli Lelang dalam Pelaksanaan Eksekusi Lelang oleh Bank Perkreditan Rakyat (BPR) dan Kantor Lelang yang Dimenangkan oleh Penggugat (Studi Kasus di Pengadilan Negeri Boyolali). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Auctions can be an efficient means of selling to get repayments for creditors. But in reality there are problems that arise in the implementation of the auction, such as the auction winner does not get his rights because the initial owner (Defendant) does not want to submit the auctioned goods. This research aims to settle the case of auction sale and purchase, because of the existence of bad credit which then as the repayment of the object of mortgage rights (homeland) must be auctioned by the BPR and the auction office. The buying and selling auction has been won by the Plaintiff, but the Defendant does not want to vacate the plot of land with the reason that caused the occurrence of bad credit is the Debtor Customer (Sugiyanto) in PD. BPR BKK Boyolali Karanggede branch, the Plaintiff filed a lawsuit to the Boyolali District Court. This study examines the process of conducting auctions between BPR and the auction office, how judges considerations in determining the proof and decision of the case of buying and selling auctions won by the auction winner but the defendant does not want to empty the goods auctioned and how the legal consequences of the judge's decision. The research method used is Normative legal research, because what will be examined in this study are the legal norms, legal principles in the process of settling the auction sale and purchase case in the execution of auction execution won by the Plaintiff. The results of this study concluded that the process of conducting auctions between BPR and the Auction Office uses the Auction Execution method. The execution of the auction is in accordance with the procedures as stipulated in Law No. 4 of 1996 concerning Mortgage Rights and land related objects. The obstacle that arose during the execution of the auction was that the Defendant did not want to vacate the plot of land that had become the property of the Plaintiff. In the verification, the Plaintiff can prove that the Defendant is committing Unlawful Acts, while the Defendant cannot prove the arguments of his denial. The legal consequence of the Judge's Decision is that the Defendant must implement the judge's decision that the Defendant must vacate the plot of land and everything above it SHM. 1226 which is located in Dk. Ngasemrejo RT.14 RW.06, Andong Village, Andong District, Boyolali Regency voluntarily.
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | buying and selling auctions case, sattlement of case in court |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | FARISKA CAHYA KEMALASARI |
| Date Deposited: | 12 Nov 2019 04:47 |
| Last Modified: | 12 Nov 2019 04:47 |
| URI: | http://eprints.ums.ac.id/id/eprint/78451 |
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