TINJAUAN YURIDIS TERHADAP PELAKSANAAN LELANG HAK TANGGUNGAN PADA KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (KPKNL) KENDARI

Abstract

The objectives of the research in this study are: (1) Factors that cause the cancellation of the execution of the mortgage auction at KPKNL Kendari. (2) What is the form of legal protection for debtors and creditors with the failure of the execution of the mortgage auction at KPKNL Kendari. The type of research used is normative-empirical. The expected benefits of the research are theoretically, to provide benefits for interested parties to deepen and analyze as input for the development of science in the field of civil law, especially collateral law regarding the Parate Execution of the Mortgage Auction, practically it is expected to provide very valuable input for creditors in implementing the Parate Execution of the Mortgage Auction. Research results: (1) Factors that cause the cancellation of the execution of the mortgage auction at KPKNL Kendari. 1. There is a request from the creditor that the debtor has made payment to the Bank, 2. There is a court decision/determination to KPKNL 3. Goods or documents to be auctioned are confiscated in a criminal case. 4. The collateral to be auctioned has been destroyed. 5. There is a redemption of collateral by a third party. 6. There is a sale of collateral underhand. (2) Form of legal protection for debtors and creditors against the failure to execute the mortgage auction at KPKNL Kendari. Legal protection for debtors: 1. Determination of a minimum limit value equal to the liquidation value. 2. Creditors should release sales at least equal to the liquidation value. Legal protection for creditors 1. Collateral that is the debt collateral is immediately insured. 2. There is a special position given to creditors.