Eksekusi Hak Tanggungan sebagai Jaminan Pelunasan Utang terhadap Pembiayaan Bermasalah (Studi pada Bank Mandiri Syariah - Area Medan Gajah Mada)

Abstract

Financing products provided by banks are generally secured by collateral (Mortgage Rights) to minimize risks in case of financing issues. This research aims to explore the mechanisms for resolving problematic credit or financing issues, procedures for executing collateral, and the challenges encountered during execution. This study employs a normative juridical approach with descriptive analysis, using a statute-based approach to examine these issues.

The findings indicate that, in problematic financing cases where the debtor is unable to repay the loan, executing the collateral becomes the last recourse for banks. As a secured creditor, Bank Syariah Mandiri can request an auction from the State Assets and Auction Service Office (KPKNL) by submitting an official written request along with the required tender documentation. Under mortgage law, the mortgage holder has the right to sell the collateral without the need for the debtor's consent. However, obstacles in executing mortgage rights often arise, including delays in court-issued execution orders (flat execution), legal resistance from debtors, and third-party interventions (derden verzet).

Additional challenges include love public participation in auctions and cases where auction winners face difficulties in taking possession of the auctioned property, ofien requiring civil lawsuits. To overcome these barriers, Bank Syariah Mandiri typically follows the official process for selling mortgaged property through public auction or KPKNI, aiming to achieve a fair market price. Auctions are structured to encourage competitive bidding, though limited participation can impact the success of this method.