Ali, Azwar Rizki (2023) Analisis Yuridis Kekuatan Eksekutorial Risalah Lelang Terhadap Objek Hak Tanggungan yang Dikeluarkan Oleh Kantor Pelayanan Kekayaan Negara dan Lelang (studi Kasus Risalah Lelang No: 611/10/2018). Masters thesis, Universitas Islam Riau.

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Abstract

In the development of human needs which are increasing, causing economic activities to also develop. Talking about economic development in Indonesia cannot be separated from the role of the government in making and implementing regulations and regulations which certainly affect national economic development. It is not an easy thing to realize a thriving economy in a country because it has to go through a process and hard work which is quite complicated to do. Guarantee law is always related to economic law (economy law, because economic development, especially in the banking sector, industry, trade, corporations, transportation and individuals, requires capital/funds. Provision of funds by bank financial institutions and non-bank financial institutions for development activities requires the existence safeguards for the return of disbursed funds Distribution of funds in the form of credit facilities by creditors (banks and non-bank financial institutions) requires guarantees of legal certainty and protection for the return of these funds to creditors. The main problem in this research is related to the strength of the execution of the Auction Minutes issued by the State Property and Auction Service and which are the obstacles and obstacles in the execution of the auction object. Judging from its type, this research is included in normative legal research to conduct an examination of the Minutes of Auction documents for mortgage objects issued by the State Property and Auction Service Office (Case Study of Auction Minutes No: 611/10/2018). Meanwhile, if viewed from the point of view of its nature, from the nature of this research it is classified as a descriptive research to describe and interpret the main problem under study. The results of the study show that the power of execution of the Minutes of Auction in practice should be based on the executorial title, the mortgage certificate has the same power as a court decision that has permanent legal force. However, this cannot be implemented due to legal efforts from other parties, unless the original owner is generous enough to voluntarily give the object of the auction to the auction winner, so that no attempt at execution is required through the local District Court. Meanwhile, the constraints and obstacles in the implementation of the execution of the auction object which is the material for this writing are related to efforts to obstruct and slow down the execution of the local District Court petitioned by the Auction Winner. These efforts include the initial owner not wanting to hand over the auction object to the auction winner, because the initial owner still lives on the land and building that is the object of the auction, then there are legal efforts made by both the original owner and the heirs of the original owner of the auction object to try to buy time.

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