PARATE EXECUTION OF LIABILITY RIGHTS BY CREDITORS AS A LEGAL ACTION: A CASE STUDY OF INDONESIA

Abstract

Research on the Parate of Mortgage Execution by Creditors as an Unlawful Actions, departs from the issues discussed, namely what is the legislative ratio of the Minister of Finance Regulation Number: 27 / PMK.06 / 2016 dated February 22, 2016 regarding instructions for auction implementation, appointing the seller as the authorized party to determine the limit value of the auction price of collateral at the parate auction for the execution of mortgage rights and is the parate for execution of mortgage rights by the seller categorized as an illegal act? The purpose of this research is to analyze and find the legislative ratio of the Minister of Finance Regulation Number: 27 / PMK.06 / 2016 dated February 22, 2016 regarding auction implementation instructions, appointing the seller as the authority to determine the limit value for the auction price of collateral at the parate auction for the execution of mortgage rights. , and parate execution of mortgage rights by the seller is categorized as an act against the law. The research method uses normative legal research, with a statutory approach (statute approach) and a case approach (case approach). The sources of legal materials used consisted of primary, secondary and tertiary legal materials, while the analysis of legal materials was carried out in a descriptive qualitative manner. Based on the results of the study, it can be concluded that the seller's legis ratio is the authorized party to set the auction price limit for guaranteed guarantee goods based on the provisions of Article 1 number 28 of the Minister of Finance Regulation No.27 / PMK.06 / 2016 dated February 22, 2016 regarding auction implementation instructions which determines that the minimum price of the goods to be auctioned is determined by the seller, in this case the security right holder. This refers to Article 6 of the UUHT where the first Mortgage holder has the right to sell the object of the Mortgage on his own power through a public auction and to collect his receivables from the sale proceeds. In determining the limit value which is determined based on the results of the appraiser's assessment, where the auction limit value must be at the lowest level in accordance with the liquidation value so that the auction office has the authority to reject the auction application submitted by the seller, if it does not comply with the standards stipulated in the Regulation of the Minister of Finance. No.27 / PMK.06 / 2016, then categorized as an act against the law.

Keywords

• parate execution
• mortgage rights
• unlawful acts