Penerapan Prinsip Keadilan Dalam Pelaksanaan Lelang Eksekusi Hak Tanggungan Pada Kantor Pelayanan Kekayaan Negara Dan Lelang (KPKNL) Pekanbaru

Ayunda, Sridevi (2021) Penerapan Prinsip Keadilan Dalam Pelaksanaan Lelang Eksekusi Hak Tanggungan Pada Kantor Pelayanan Kekayaan Negara Dan Lelang (KPKNL) Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The principle of justice as one of principles in an auction which means that in the process of implementing the auction, it must be able to fulfill a proportional sense of justice for each interested party. Legal certainty the implementation of execution auction of mortgage rights can be undertaken based on Article 20 verses 1a and b and verse 2 of the UUHT. Restructurisation is the first alternative that can be done before being resolved through the KPKNL (State Assets and Auction Service Office) with a public tender by parate executie. Restructurisation credit is an improvement attempt made by banks in credit activities for debtors who have difficulty fulfilling their obligations. The purpose of this study is to find out the application of the principle of justice in the implementation of mortgage execution auctions at the KPKNL Pekanbaru. And also to find out the obstacle factors in applying the principle of justice in the execution auction of mortgage rights at the Pekanbaru State Assets and Auction Service Office (KPKNL). The method used in this research is empirical law or in other terms is called sociological legal research. This research consists of primary and secondary data. Primary data is data obtained directly from society as the first source through field research, which is carried out either through observations, interviews, and also supported by secondary data in the form of books and literature. This research is descriptive-analytical, which provides a detailed, clear, and systematic description of the main research problems. The process of implementing the mortgage execution auction at KPKNL Pekanbaru must be able to fulfill a proportional sense of justice for each interested party. In order to the rule of play guaranteed objectively, the procedure of justice used is pure procedural justice, means that justice must proceed as well as be reflected through a fair procedure to ensure a fair result. In the procedure of granting credit and conducting the execution auction of mortgage rights, each party must have equality of position and rights, not equality of results. Whereas the obstacles to the application of the principle of justice in the execution auction of mortgage rights at the Pekanbaru KPKNL are first, the credit agreement is a standard agreement; second, good willing; and third, the absence of monitoring and rescue units from a non-performing loan at the bank.

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