ARIFIN, ZAENAL (2017) REKONSTRUKSI PARATE EKSEKUSI HAK TANGGUNGAN ATAS TANAH YANG BERBASIS NILAI KEADILAN. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
The use of mortgage agencies by creditor as collateral for loans from debtor, deemed
more to provide security for the creditors when compared with the use of a general insurance
agency. Loading characteristics with mortgage guarantees, giving the privilege of preferred
creditor position. In addition, the advantages of the use of mortgage agencies, the main there are
on the side of simplicity and legal certainty in terms of execution in which Article 6 of Law No.
4 of 1996 on Mortgage entitles the parate execution for the creditor if the debtor in default,
without the intervention of the court. However, in reality the implementation of parate execution
undertaken by the creditor often arbitrary, injure the sense of justice, especially the neglect of the
interests of the debtor. Other than that, this execution parate increasingly evident in the
implementation of the practice, and missing functions, because castrated by the implementing
provisions which did not comply with the doctrine of original execution parate.
This research uses paradigm approach positivism, the normative juridical research
method, where this study researching on the principles of the law, on the systematics of law, to
the degree of synchronization of law, legal history and comparative law. The author uses the law
(statute approach), the historical approach (historical approach), the conceptual approach
(conceptual approach), and the approach of comparative law. Analysis of the results of the data
obtained done in a descriptive qualitative with interpretation method, using a hermeneutic
approach.
The results of the study in the first issue shows that the loan agreement between the
creditor and debtor usually always use the standard clause agreement form, so there is no balance
of interests, and away from the aspect of justice. Other than that, the limitation value of collateral
objects are auctioned by creditors only directed to meet debt payment, and ignore the object of
the auction sale value which corresponds to the market price. Furthermore, for the second issue,
the research results show that the shortcomings of the execution parate caused by inconsistency
material content in the execution parate Mortgage Act, and their implementing certain
provisions, which interprets parate execution must be fiat court, as well as the execution of
grosse deed. On the third issue, the results of the study showed that the reconstruction parate
execution is done by taking the values of social justice contained in Pancasila, with emphasis on
fairness, expediency and legal certainty in practice.
Keywords : Mortgage Rights, Justice, Parate Execution, Reconstruction
| Dosen Pembimbing: | UNSPECIFIED | UNSPECIFIED |
|---|---|
| Item Type: | Thesis (Doctoral) |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 13 Dec 2017 02:31 |
| Last Modified: | 13 Dec 2017 02:31 |
| URI: | https://repository.unissula.ac.id/id/eprint/8694 |
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