Pelindungan Hukum terhadap Kreditur Atas Perlawanan Eksekusi Hak Tanggungan oleh Pihak Ketiga (Studi Putusan dalam Perkara PT. Bank Danamon, Tbk Melawan Para Pelawan Pihak Ketiga)

Abstract

The execution of mortgage rights often faces many obstacles, one of which is the opposition from other parties claiming entitlement to the collateral object. This issue results in losses for the creditor holding the mortgage rights. This study focuses on a normative review of the regulations concerning the imposition of rights on third-party land used as mortgage collateral at banks. Following this, the study analyzes the position of the bank as the holder of the mortgage rights against the opposition to the execution of the mortgage rights, which was won by the third party, using the case between PT. Bank Danamon Indonesia, Tbk and third parties (Henny Susanti, et al.) as the subject of analysis. Through this case analysis, an in-depth examination of the ratio decidendi employed by the judges can be conducted. This research is a normative legal study of a prescriptive nature, utilizing both statutory and case study approaches. The data employed in this research is secondary data, gathered through literature review and field study techniques, specifically document study methods. The data is then analyzed using qualitative data analysis methods and conclusions are drawn deductively. The findings of the research conclude that the regulation regarding the encumbrance of third-party land used as mortgage collateral in banking credit is equivalent to the collateral provided by the Debtor themselves. A bank, as the creditor holding the mortgage rights and suffering losses due to errors in the creation of mortgage rights over third-party property, can file a report with the police regarding the actions of individuals who abuse credit application procedures. Additionally, the bank can seek accountability through civil lawsuits. The panel of judges at the Tangerang District Court emphasized formal aspects in their legal considerations. In contrast, the judges at the appellate, cassation, and judicial review levels have appropriately applied positive law. Consequently, there is a need for a revision of the Mortgage Law to clearly regulate the encumbrance by third parties, ensuring legal certainty and protection..