Reformasi Hukum Trisakti
Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti

PARATE EKSEKUSI ATAS TANAH HAK MILIK SEBAGAI JAMINAN UTANG

Elvira Diba Fahlevi (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Irene Eka Sihombing (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
01 Feb 2023

Abstract

A credit arrangement existed between M.Nova Irdiansa, the debtor, and Bank CIMB Niaga, the creditor, in the case that took place on October 20, 2014. In its ruling on the issue, the Supreme Court's panel of judges rejected the plaintiffs' request for a memorandum of cassation, which was included in the judgement. The plaintiffs in this case, M.Nova Irdiansa and Hj.Enny Adriati, are subject to Article 6 of the Mortgage Act (Parate Eksecusi), which provides legal certainty for debt repayment. The issue is whether Bank CIMB Niaga's execution of mortgage rights on freehold land through a public auction complies with the Minister of Finance Regulation Number 27/PMK.06/2016. Research method is normative law, analytical descriptive, the source literature studies, interviews informants and using deductive logic method. The results the research, discussion and conclusion are that the judge rejected the plaintiffs' cassation because Bank CIMB Niaga was proven to have been authorized by law to carry out executions without the consent of the debtor granting Mortgage Rights (Parate Execution), the implementation of which was based on the promise in Article 2 number 6 Deed of Granting Mortgage Rights (APHT) Number 233/2014, namely by way of auction because it had been agreed beforehand.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Reformasi Hukum Trisakti comes from the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law ...