KEPASTIAN HUKUM PEMENUHAN HAK KREDITOR DALAM EKSEKUSI OBJEK JAMINAN HAK TANGGUNGAN MELALUI PARATE EKSEKUSI
Abstract: By the existing Law
Number 4 of 1996 concerning Land Mortgage has given a chance to creditor to
sell all assets which is collateralized by debtor without court process. This
thing happens to avoid “litigation adjudication” which is taken long time for
finishing the problem. Because of that, when debtor fails to fulfill the
obligation (wanprestasi), so the creditor party does not need to sue the debtor, but through “execution parate” which
is known before as State Auction Service Office to be auctioned in public.
Parate executie ruled in Law Number 4 of 1996 concerning Land Mortgage aimed to
creditor gains easily the credit from debtor who fails to fulfill the
obligation. At the time, creditor could sell the object of land mortgage
without court decision. However this way does not used for some creditors
because the confusion the regulation it self about parate executie in Law
Number 4 of 1996 concerning Land Mortgage.
Penulis: Deasy Soeikromo
Kode Jurnal: jphukumdd160971