Suriati, Maisa (2025) Pelaksanaan Lelang Eksekusi Sebagai Bentuk Penyelesaian Kredit Macet Dengan Jaminan Hak Tanggungan (Studi Pada KPKNL Perkara Tahun 2023-2024). Masters thesis, Universitas Islam Riau.

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Abstract

Land rights are the majority of Credit Collateral that is often pledged by the community in the form of mortgage rights to the bank. Because the value of the collateral for the land rights is considered large and depends on the value of the land to be pledged. In addition, credit collateral with land rights contains mortgage rights that will be affixed to the proof of ownership of land rights that are pledged to the bank. Indirectly, this can also protect the creditor's rights if at any time the debtor defaults The problem in this study is how the process of implementing the execution auction as a form of resolving bad credit with collateral rights at the KPKNL in the 2023-2024 case and what are the obstacles in the process of implementing the execution auction with collateral rights at the KPKNL. This research is included in the Observational Research category. While the nature of the research used by the author is a descriptive analytical research type. Research results from research and data analysis Execution auctions can only be carried out by Class I Auction Officials. Class I Auction Officials are domiciled in KPKNL. Execution auction activities for mortgage objects through BLS consist of three stages, namely the pre-auction stage, auction implementation, and post-auction and execution of mortgage rights can be carried out in accordance with the provisions of Article 6 of Law No. 4 of 1996, because the Mortgage Law stipulates that the first mortgage holder creditor can take advantage of special rights such as the provisions of Article 6 of Law No. 4 of 1996, and the APHT must contain a promise that the first mortgage holder has the authority to sell the mortgage object under his own authority through a public auction if the debtor defaults. Another factor that hinders the execution of mortgage rights is the difference of opinion between the executed debtor and the Auction Officer regarding the auction price that has been formed. On the one hand, the executed debtor feels that the price agreed upon in the auction is too low, even far below the market price, but on the other hand, the Auction Officer feels that he has carried out his duties well and openly.

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