The Implementation of Execution Auction by Creditors on Debtor Rights Guarantee in the Office of State Assets and Auction Services (KPKNL) in Indonesia

Febrianto, Surizki and Ayunda, Sri Devi (2020) The Implementation of Execution Auction by Creditors on Debtor Rights Guarantee in the Office of State Assets and Auction Services (KPKNL) in Indonesia. International Journal of Innovation, Creativity and Change, 10 (5). pp. 104-122. ISSN 2201 - 1323

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Abstract

The study entitled "The Implementation Of Execution Auction By Creditors On Debtor Rights Guarantee In The Office Of State Assets And Auction Services (KPKNL) In Indonesia" is motivated by a form of inability of customers / debtors who made late payments of overdue loans. Legal certainty of auction of execution of mortgage rights can be carried out based on Article 20 paragraph (1) letters a and b as well as paragraph (2) UUHT, execution of Mortgage Rights collateral objects can be completed in three ways without a courtesy that can be used by creditors to execute the object of collateral Mortgage Right if the debtor defaults, namely: (1). Execution Parate, (2). Executive Title, and (3). Sales of Mortgage objects under the hand. This research investigates the execution of auctions by creditors against guarantees of mortgage rights of the debtor at the Office of State Assets and Auction Services (KPKNL) Pekanbaru and the execution of the debtor and other third parties against the execution of the auction process by the creditor against the guarantee mortgage rights of the debtor at the Pekanbaru State Assets and Auction Service Office (KPKNL). The method used in this research is observational research conducted by survey. In this study, information was collected from respondents using primary and secondary data. The research is both analytical and descriptive, giving a detailed, clear and systematic account of the research’s main problem . The implementation of Auction execution of Article 6 of the Underwriting Right Act is carried out if the debtor is in default (breach of contract), then the Underwriting Right holder has the right to sell the Underwriting Right object through his or her own power through a public auction, namely the Office of State Assets and Auction Services (KPKNL) Pekanbaru, and take the payment of the receivables from the sale. The auction of the execution of Mortgage Rights guarantees at the KPKNL is the last step taken by the financial institution as a creditor. Before conducting an auction of execution, creditors should negotiate / negotiate (persuasive actions) in advance against the debtor. The debtor and other third parties do not always take for granted the implementation of Article 6 UUHT auction conducted by the financial institution as a creditor. If the debtor and other third parties file a lawsuit, and if the resistance / suit is accepted, the court will process it as an ordinary case.

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