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Legal Protection Against the Winner of The NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 7, ISSUE 1, Jan. -2021 LEGAL PROTECTION AGAINST THE WINNER OF THE EXECUTION OF LIABILITY RIGHTS THIRD PARTY SUBSCRIBES ALFIANA MANELIA, YUHELSON Departement of Notary Postgraduate Program of Jayabaya University Indonesia [email protected] ABSTRACT: concerning Bank Indonesia. The function of a This research uses Normative and bank can be found in article 1 number 2 of the enriched Empirical Juridical Methods with Banking Law, which states that a bank is a library and field data collection techniques business entity that collects funds from the which include research on legal principles, public in the form of deposits and distributes legal sources, laws and regulations, them to the public in the form of credit and or literature related to problems and other forms in order to improve the standard of interviews, are analytical descriptive and living of the people at large. Based on these analyzing data With qualitative juridical provisions, it can be seen that the main function analytical techniques and analyzes based on of the bank is to collect and channel public funds the Theory of Legal Protection. From the (Usman, 2003). One of the most preferred results of the study conclusions: Legal guarantees by the bank as a creditor in a credit protection for auction winners against third agreement is collateral for immovable objects in party claims in practice has been realized in the form of land and buildings that have been reality as contained in various preventive certified to be bound with a guarantee of regulations that are repressively realized in Mortgage through making a deed of collateral court decisions and. Dispute resolution is bondage made by and in front of a notary public associated with resistance from third (Harun, 2010). parties, the auction winner as the new owner All court decisions have executive power, is legal because besides being seen as a good that is, the power to be enforced by force by faith party there is also a guarantee that the state officials. A court decision is said to have auction can only be canceled before the legal executorial power because of the head of the proceedings to control the auction object verdict, which reads: "For the sake of Justice apply to the local court, namely the court in based on the One Godhead". However, not all the form of emptying the auction object court decisions in implementing them are auction winner who has a good intention carried out by force by state officials, but only must be protected. court decisions are. The dictum has the character of "condemnatoir", while the decision KEYWORD: Legal Protection, The Winner of whose dictum is declaratory and constitutive The Auction does not require the means to carry it out (Nugroho, 2009). INTRODUCTION: The arrangement regarding the The provisions regarding bank financial execution of the Mortgage, which is regulated in institutions are regulated in Act Number 7 of article 20 paragraph (1) letter a of the UUHT, 1992 j.o. Act Number 10 of 1998 concerning states that if the debtor fails to promise, then the Banking (hereinafter referred to as the Banking first Mortgage holder will sell the object of the Law) and Act Number 23 of 1999 j.o.3 of 2004 Mortgage Rights as referred to in article 6 of the 16 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 7, ISSUE 1, Jan. -2021 UUHT. While the juridical text of article 6 of the with the auction announcement. Meanwhile, UUHT, the substance is that if the debtor is article 1 point 4 states that the Execution injured, the first Mortgage holder has the right Auction is an auction to carry out a court to sell the object of the Mortgage on his own decision or order, other documents equivalent power through a public auction and take the to it, and / or to implement the provisions of repayment from the sale proceeds. laws and regulations. The provisions stipulated in Article 6 and If the Execution Auction of collateral Article 20 paragraph (1) of the UUHT are goes well and the auction results are submitted actually not only in line with and sharpening by KPKNL to the creditor to pay off the debtor's what has been regulated in Article 11 paragraph obligations and the auction winner can enjoy (2) or what has been previously stipulated in the collateral that has been purchased based on Article 1178 paragraph (2) of the Civil Code. the execution auction, then what is described in regarding beding van eigenmachtige verkoop in the explanation of article 20 paragraph 1 mortgages / credietverband institutions, but it provides legal certainty for the auction. also means that Article 6 and Article 20 execution of mortgage rights. paragraph (1) letter a of the UUHT above, If there is a potential objection / require the creditor's authority to sell the object rejection or even a lawsuit from the executed / of the Mortgage on his own power, it can be debtor, the Bank will seek alternatives to the interpreted not only because it was agreed but auction with execution fiat from the Head of the the right or authority of the creditor rests with District Court. The District Court will deliver an him because indeed the law itself also grants aanmaning (warning letter) to the debtor so him or stipulates it so (ex lege). that the debtor will come before the specified From the provisions of the UUHT, day and carry out his obligations to the bank as basically the execution of the guarantee is the creditor. If the aanmaning is not obeyed by carried out through a public auction the debtor, the district court will seize the mechanism, namely the Office of State Wealth execution of the collateral object of the debtor's and Auction Services (hereinafter referred to as Mortgage. ò+0+.,ó á ®©£® ©≥ ≤•ßµ¨°¥•§ °≥•§ ØÆ ¥®• The types of legal remedies that can be Minister of Finance Regulation Number 93 / filed can be differentiated based on the time of PMK.06 / 2010 in conjunction with the Minister submission. If the remedy is filed while the of Finance Regulation Number 106 execution procedure is still running, then the /PMK.06/2013 concerning Guidelines for legal remedy that can be filed is verzet against Auction Implementation and most recently execution. Verzet against this execution can be amended by Regulation of the Minister of submitted by the debtor / guarantor, which is Finance Number 27 / PMK.06 / 2016 called a verzet by the party concerned, or concerning Guidelines for Auction submitted by a third party called a verzet by a Implementation dated 19 February 2016 third party or derden verzet. (her•©Æ°¶¥•≤ ≤•¶•≤≤•§ ¥Ø °≥ ò0-+ätyó . Elucidation of Article 20 UUHT In accordance with Article 1 point 1, it is Paragraph (1) The provisions of this paragraph stated that an auction is a sale of goods open to are a manifestation of the facilities provided by the public with a written and / or oral price this law for creditors holding Mortgage Rights in offering which is increasing or decreasing to the event that execution must be carried out. In reach the highest price which is preceded by principle, every execution must be carried out 17 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 7, ISSUE 1, Jan. -2021 through a public auction, because in this way it Defendant 1 suggested to Elvita that the credit is hoped that the highest price can be obtained loan application could be granted on condition for the object of the Mortgage. Creditors have that it used another person's name with the the right to take guaranteed receivables from object of the dispute as collateral. the sale of the object of the Mortgage. In the Elvita was willing to find someone on event that the proceeds from the sale are behalf of the Applicant for a Credit Loan to the greater than the receivables which is a Defendant-1, who finally met Ahmad Khubi maximum of the value of the dependents, the Asyhari), then the Defendant-3 (and was willing remainder becomes the right of the guarantor of to use his name as on behalf of the Applicant for the Mortgage. Paragraph (2) In the event that a Credit Loan to the Defendant-1 for IDR the sale through a public auction is not expected 250,000,000.00 (two hundred and fifty million to result in the highest price, deviating from the rupiahs), on condition that they receive a principle as referred to in paragraph (1) is given commission of Rp.5,000,000.00 (five million the possibility of carrying out the execution rupiah); through an underhand sale, provided that this is In addition to the agreement between agreed upon by the giver and the insurance the Plaintiff and Defendant 3 before the rights holder, and the conditions specified in application for credit borrowing was realized by paragraph (3) are met. This possibility is Defendant-1, where Defendant-3 was not given intended to accelerate the sale of Mortgage the right to transfer or reverse the name of the objects with the highest selling price. Paragraph Property Rights Certificate Number 199 in the (3) The requirements set out in this paragraph name of the Ernawati Rightsholder to are intended to protect interested parties, for Defendant-3, apparently without the knowledge example the second, third Mortgage holder and of the Plaintiff as Holders of land and building other creditors of the Insurer. rights, the object of the dispute as collateral for Referring to the existence of a third party credit to the Defendant-1 has become the lawsuit in the auction for the execution of the property or on behalf of the Rightsholder of the Mortgage, this thesis will present several Defendant 3.
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