Analisis Yuridis Pelaksanaan Lelang Eksekusi Jaminan Kebendaan Berdasarkan Sertifikat Hak Tanggungan Dikota Pekanbaru

Husellin, Hisana Amani (2021) Analisis Yuridis Pelaksanaan Lelang Eksekusi Jaminan Kebendaan Berdasarkan Sertifikat Hak Tanggungan Dikota Pekanbaru. Other thesis, Universitas Islam Riau.

Text 191021097.pdf - Submitted Version Download (2MB)

Abstract

In implementing the money lending and borrowing agreement, a legal solution is needed for the existence of a guarantee institution to provide certainty for the repayment of the loan. The existence of a guarantee institution is very necessary because it can provide certainty and legal protection for fund providers / creditors and loan recipients or debtors. In order to find out since when the debtor has been in default, it is necessary to pay attention to whether in those words the grace period for the fulfillment of achievement is determined or not. If during that time the debtor does not comply, the debtor is declared to have been negligent or in default. The Execution Auction is a general sale to implement or execute a court decision or order or a document that is equivalent to a court decision such as a mortgage, mortgage or fiduciary security The main problem in the research is How is the Implementation of the Auction for the Execution of Goods Guarantee through the Auction Process and What are the Constraints to the Implementation of the Auction for the Execution of Goods Guarantee Based on the Certificate of Mortgage The research method used in this research is normative legal research empirical legal research. The nature of this research is a descriptive qualitative research. Research Results of the Excess Auction Implementation Through several processes starting from the Preparation Stage of the Auction, namely the Seller submits a bid to the auction office. then examine the completeness of the tender requirement documents. determine the schedule for the auction. announcement of the auction in the daily newspaper by the seller and the auction participant to deposit the auction guarantee money. After that the second stage is the activity of conducting the auction by the auction official. and the last stage, namely after the auction is held. The auction winner shall deposit the auction fee into the state treasury. The auction office submits the goods, documents and an excerpt of the auction minutes to the auction winner. Factors that give rise to the Auction for the Execution of Collateral Based on Mortgage Certificate are bad credit and the debtor making a wan interpretation. The willingness of the debtor to pay his debts is very low, the collateral value is smaller than the amount of principal and interest, the customer's business is bankrupt, the credit received by the customer is misused. Another obstacle is the buyer objecting to the purchase of the house if the customer still lives in the house and legal factors because he is often sued to court

Actions (login required)

View Item