Hadi, Komara (2024) Kepastian Hukum Pelaksanaan Lelang Eksekusi Hak Tanggungan Oleh Pejabat Lelang Kelas I Pada KPKNL Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

This research focuses on the study of legal certainty in the implementation of auction execution of mortgage rights at KPKNL Pekanbaru. The background of this research is the number of lawsuits that arise related to the implementation of the auction of execution of mortgage rights, even though applicable legal provisions have carried it out. These lawsuits often arise due to a misunderstanding or mismatch between the procedures followed and the parties' expectations in the auction process. Therefore, it is important to evaluate how the implementation of the auction can provide legal certainty for the parties concerned, especially in executing mortgage rights. The main problem in this research is the implementation of the auction of execution of mortgage rights, as well as how far legal certainty can be provided in the process of implementing the auction of execution of mortgage rights at KPKNL Pekanbaru. This research uses a normative approach supported by an empirical approach, focusing on the laws and regulations governing the auction of execution of mortgage rights and the practice of implementing auctions at KPKNL Pekanbaru. The research method used includes a statute, conceptual, and case approach by analyzing eight cases of lawsuits for executing mortgage auctions that occurred at KPKNL Pekanbaru from 2019 to June 2024. The results showed that the implementation of the execution auction of mortgage rights at KPKNL Pekanbaru was by the provisions in Article 6 of the Mortgage Rights Law, which gives creditors the right to execute collateral without the need for court fiat if the debtor fails to fulfil his obligations. Based on a study of several lawsuits for the execution of mortgages, it was found that the auction procedure had been carried out by applicable law, both in terms of notification to the debtor, the announcement of the auction, and the determination of the auction limit value carried out by the Public Appraisal Service Office. Thus, implementing a mortgage execution auction can provide legal certainty as long as applicable legal provisions carry out the process. Overall, this research confirms that although there are challenges and lawsuits related to the implementation of the auction of execution of mortgage rights, the auction mechanism carried out by KPKNL Pekanbaru is by applicable legal provisions and provides legal certainty for creditors and good faith auction buyers. This research also makes an important contribution to the development of an understanding of the legal implementation of mortgage execution auctions in Indonesia, especially in order to ensure the efficiency and transparency of the process of resolving credit disputes through auctions.

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