Perlindungan hukum terhadap pemohon eksekusi atas adanya perlawanan pihak ketiga pada Pengadilan Negeri Sleman (studi kasus putusan perkara no.157/pdt.plw/2016/pn.smn jo no.51/pdt/2017/pt.yyk)

Alouvie Rydha Mustafa

Abstract


In an effort to meet the needs of funds or community business capital requires funding from banks, one of which is by crediting. Credit, namely as an awarding of an achievement by one party to another party and that achievement will be returned again at a certain future period accompanied by a counter achievement in the form of interest by entering into a credit agreement made with a finance company with a guarantee that has been encumbered by mortgage rights. Then what is meant by a Credit Agreement is a loan agreement between the lender and the credit recipient, while the Mortgage Right itself is a form of legal protection for creditors against the debtor if it cannot fulfill its obligations. Repayment of the creditor's debt is done by selling the object of collateral rights through an auction procedure.The auction itself is the sale of goods that are open to the public by offering a written and/ or verbal price that is increasing or decreasing to reach the highest price that is preceded by an auction announcement. The surrender of movable property in the auction is carried out physical and tangible transfer of material rights to the buyer/ winner of the auction. If peacefully surrendering cannot be carried out, execution can be carried out in the form of an emptying order for goods/ objects being auctioned if necessary with state equipment. Problems related to the auction began to arise when the buyer/ winner of the auction could not control the object of the auction being purchased due to a lawsuit from the debtor or resistance from a third party (Derden verzet). To annul the problem, the buyer/ auction winner can submit a Request for Execution of Empty of the goods/ object of the auction. In the event that the Respondent Execution is reluctant to leave the goods/ objects that have been auctioned, then referring to Article 200 paragraph (11) HIR and Article 218 paragraph (2) the RBG Chairman of the local District Court orders the Bailiffs so that the goods/ objects can be left and emptied by the person Respondent Execution. Thus the legal protection of the buyer/ winner of the auction can be upheld to ensure legal certainty and a sense of justice for the buyer/ winner of the auction.


Keywords


Auction;Legal Protection of Bidder Applicants;Third Party Resistance

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