Analisis Hukum terhadap Pelaksanaan Lelang Eksekusi Hak Tanggunggan yang Dinyatakan sebagai Perbuatan Melawan Hukum melalui Upaya Hukum Perlawanan (Studi Putusan Perkara Nomor: 951 Pk/Pdt/2022)

Abstract

The letter of Resistance Lawsuit filed by Opponent (Pelawan) against PT. BPR Nusantara Bona Pasogit 22 as Defendant I and KPKNL Medan as Defendant II are based on unlawful acts in the auction of mortgage objects in the name of Defendant committed by Defendant I through Defendant II. The problems of the research encompasses what about the basis for the Judge’s considerations in deciding to carry out an execution auction for the object of the Mortgage Rights collateral in the name of Pelawan based on the case decision No. 951 PK/Pdt/2022 which is declared an unlawful act, what about the legal consequences arising from the cancellation of the Auction Minutes for the execution of Mortgage Rights by the Panel of Judges against the parties in the case decision No. 951 PK/Pdt/2022, as well as whether the considerations of the Panel of Judges in favor of the Pelawan has fulfilled all aspects in decision making of case No. 951 PK/Pdt/2022. This research uses a normative juridical legal research method (doctrinal legal research) through case and statutory approaches. This research analysis is conducted qualitatively using the Judicial Review Decision in the decision case No. 951 PK/Pdt/2022. The research concludes that the Panel of Judges in its decision gives the consideration that the implementation of the mortgage execution auction is qualified as an unlawful act on the basis of the unilateral determination of a low limit value by the creditor, resulting in the cancellation of the auction by a court decision. Legal consequences for the parties regarding the cancellation of the Auction Minutes for the execution of Mortgage Rights in the case decision No. 951 PK/Pdt/2022 is that goods are auctioned back to their original condition to the debtor. However, it remains in the status as collateral so there is a delay in obtaining fulfillment of the achievements in the credit agreement.