R u j i a t i, R u j i a t i (2017) ASPEK HUKUM RISALAH LELANG SEBAGAI AKTA OTENTIK DALAM LELANG EKSEKUSI HAK TANGGUNGAN. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Settlement of accounts payable by the guarantee of mortgage, can be completed with the execution of dependents through auction procedures by the State Property Office and Auction (KPKNL) with eligibility - requirements by debtors and creditors to auction treatise issued. This is one alternative of the encumbrance execution when the debtor defaults. Minutes of the auction as a result of the auction to be seen whether the minutes of the auction can apply the law, given the auction conducted without the presence of the debtor. This study aimed to analyze the extent to which the strength of the minutes of the auction as authentic act in the auction execution of mortgage can be used for the fulfillment of the rights of creditors to the repayment of receivable creditor when the debtor defaults, the minutes of the auction already has the power executorial and identify and analyze the barriers and solutions implementation treatise auction in the auction as authentic deed of mortgage execution. This research using normative juridical approach, the approach from the point source - a secondary data source, in this case the laws - laws and theories - theories of law. Specifications of this research is descriptive because the research is intended to provide a clear picture, detailed, systematic and thorough about the whole process. Based on the research results that the minutes of the auction is an authentic act which can be proven legal force and therefore should not be inviolable. Proof treatise auction as authentic act is evident from Article 165 and Article 285 HIR RBG stating that the deed otenti made by or in the presence of the powerful public employee. And strengthened by Article 1868 of the Civil Code which states that the authentic act is a deed made in the form prescribed by the Act - legislation by or in the presence of a public official of the ruling so that the Deed of Minutes of Auction have executorial power as the basis of the verdict of execution of the auction. Barriers to implementation auction treatise divided into juridical obstacles that under article 20, paragraph 1 of Law No. 4 of 1996 and non-juridical barriers of attitude debtor who does not want to obey the decision of the auction. Keywords: Auctions, Mortgage, Treatise Auction
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 04 Dec 2017 02:38 |
| Last Modified: | 04 Dec 2017 02:38 |
| URI: | http://repository.unissula.ac.id/id/eprint/8672 |
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