Analisis Yuridis terhadap Gugatan Debitur atas Dilaksanakannya Lelang Eksekusi Hak Tanggungan dalam Perkara Wanprestasi pada KPKNL Pekanbaru (Studi Putusan Mahkamah Agung RI Nomor 1143 PK/Pdt/2022, Tanggal 30 November 2022)

Abstract

The Lawsuit Filed By The Plaintiffs Regarding The Execution Auction Of Mortgage Rights Arose Because The Auctioned Property Was Sold At An Unreasonable Price. The Sale Of The Mortgage Object Below Market Value Occurs When The Object Is Not Sold In The First Auction, Resulting In A Price Reduction Until The Object Is Sold, But The Final Sale Price Must Not Fall Below Its Liquidation Value This Study Examines The Procedure For Executing The Auction Of Mortgage Rights In Breach Of Contract Cases At The State Property And Auction Service Office (KPKNL), The Legal Protection For Creditors And Auction Winners Against Debtor Lawsuits On The Execution Of Mortgage Rights, And The Judicial Considerations In The Supreme Court Of The Republic Of Indonesia Decision No. 1143 PK/Pd/2022 Concerning The Lawsuit On The Execution Of Mortgage Rights Via A Public Auction. This Research Uses A Normative Juridical Method With A Descriptive-Analytic Approach. It Utilizes Secondary Data Consisting Of Primary Secondary And Tertiary Legal Materials. Data Collection Techniques Include Literature Review And Interviews. The Data Obtained Are Then Analyzed Qualitatively. The Procedure For Executing The Auction Of Mortgage Rights Is Regulated In The Ministry Of Finance Regulation No. 27/PMK.06/2016 And The Latest Ministry Of Finance Regulation No. 122 Of 2023 Concerning The Implementation Guidelines For Auctions. The Debtor's Lawsuit Cannot Delay Or Cancel The Execution Auction Of Mortgage Rights Because The Default Wax Caused By The Debtor's Failure To Pay The Locs Matallments Regularly. The Supreme Court Decision Rejected The Plaintiffs Request For Judicial Review Of The Lawsuit Filed By The Plaintiffs Regarding The Execution Auction Of Mortgage Rights. This Decision Extablishes Legal Nestice That The Execution Of The Mortgage Auction Has Been Carried Out On Accordance With The Applicable Procedures And Regulations