Perlindungan Hukum Terhadap Debitur Atas Tindakan Parate Excecutie (Eksekusi Langsung) Hak Tanggungan Di Bawah Harga Pasar (Studi Kantor Pelayanan Kekayaan Negara Dan Lelang Pekanbaru)

Ramadhan, Gilang (2022) Perlindungan Hukum Terhadap Debitur Atas Tindakan Parate Excecutie (Eksekusi Langsung) Hak Tanggungan Di Bawah Harga Pasar (Studi Kantor Pelayanan Kekayaan Negara Dan Lelang Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

Problems in credit between creditors and debtors that often occur are defaults by the debtor due to bad credit. There are several efforts that can be made by creditors for these actions, one of which is by paratee excecutie (direct execution). Legal protection for debtors is one of the things that must be considered regarding parate execution actions which are considered by the debtor to be very detrimental regarding the auction value of the mortgage object below the market price. The existence of a lawsuit from the debtor related to direct execution raises the assumption of injustice. From these problems, the authors are interested in researching how the legal protection for debtors for the paratee excecutie (direct execution) of mortgages is and what if the paratee excecutie (direct execution) of mortgage objects sells below the market price. Based on the type of research, this research is included in observational research by means of a survey where research is carried out at the location to collect and obtain data that is used as material in writing this scientific research. This research is descriptive in nature where this research provides an overview, explanation, examines and analyzes the applicable laws and regulations related to the auction of mortgage objects as credit guarantees at the Pekanbaru State Property and Auction Service Office (KPKNL). The conclusion of this study in UUHT turns out to not only provide legal protection for creditors who hold Mortgage Rights but also provides legal protection for debtors who give Mortgage Rights, even though UUHT only focuses on protecting the debtor on the economic value of the Mortgage object, but it has provide a sense of security for the debtor giving the Mortgage to pledge their assets and be burdened with the Mortgage Right and in the case of direct execution it is sometimes detrimental to the debtor regarding the price of the mortgage object being auctioned, due to the auction price being lower than the market. However, in reality, auctions conducted with a Limit Value below the market price are allowed and valid according to the prevailing laws and regulations, as long as they are within reasonable limits.

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