Manullang, Rimson Hendriko (2024) Pelaksanaan Lelang Eksekusi Objek Hak Tanggungan Di Kantor Pelayanan Kekayaan Negara Dan Lelang (kpknl) Atas Hutang Macet Pada Bank Tabungan Negara (btn) Kota Pekanbaru. Other thesis, Universitas Islam Riau.

Text 181010513.pdf - Submitted Version Restricted to Registered users only Download (2MB) | Request a copy

Abstract

ABSTRACT In credit agreements, the creditor is often in a disadvantaged position when the debtor experiences default. In principle, nothing does not contain collateral, because in accordance with article 1131 of the Civil Code that every object belongs to the debtor, whether movable or immovable, credit payments often occur in a jam so that defaults arise, where in the current phenomenon we see, that if there is the object of the mortgage right which is collateral for a credit or borrowing money between the creditor and the debtor which becomes a guarantee that does not occur in default, then the object of the mortgage right must be confiscated by the creditor and then an auction process is carried out, at the auction institution in Pekanbaru You can go through KPKNL for the auction process. That after the mortgage object is auctioned and then the winner of the auction emerges and then the price of the auction object exceeds the proceeds of the remaining money that must be paid by the creditor, and what are the rights of the creditor itself, then this is where the researcher sees that there must be legal protection present, both protecting creditors, debtors and auction institutions and the auction winner. The main problem in this research is how the Auction for the Execution of Objects of Mortgage Rights of BTN Debtors is Implemented at the State Assets and Auction Services Office, and what are the Inhibiting Factors in the Implementation of the Auction for the Execution of Objects of Mortgages of BTN Debtors at the Office of State Assets Services and Auctions. If we look at the type of research, the research that the author will use is empirical by survey, namely research that takes samples from a population and uses interviews as the main data collection tool. Meanwhile, if viewed from its nature, this research is categorized as descriptive research, namely describing the current state of the subject or object of research based on facts that appear to be what they are. The auction for the execution of mortgage rights at KPKNL Pekanbaru is carried out through three stages, namely, judicial implementation, implementation of the sale of auction objects and post-auction implementation. The pre-auction implementation of mortgage rights execution at KPKNL Pekanbaru is divided into several stages, namely, the auction application process, determining the auction implementation schedule and auction announcement. In carrying out an auction or executing mortgage rights, there are obstacles encountered during the execution process, namely the promise to vacate the object of mortgage rights is not effective, there is a lawsuit from a third party, the binding of mortgage rights is not carried out perfectly, interference from third parties can occur during the execution, and discrepancies in opinions regarding the auction price between the debtor and the auction official Keywords: Implementation, Auction, KPKNL.

Actions (login required)

View Item