Analisa Yuridis Perbuatan Melawan Hukum Terhadap Penerbitan Surat Pemberitahuan Proses Pra Lelang (Studi Kasus: Putusan Pengadilan Negeri Amurang Nomor 120/Pdt.G/2020/PN Amr Tanggal 9 Juni 2021 Juncto Putusan Pengadilan Tinggi Manado Nomor 114/Pdt/2021/PT Mnd Tanggal 3 November 2021)

Abstract

In banking practice, the legal relationship between debtors and creditors in credit agreements often gives rise to problems, particularly in cases of default that result in the execution of collateral through auction. One administrative step typically taken by creditors prior to auction is the issuance of a Pre-Auction Process Notification Letter. One of the cases examined in this study is Decision No. 120/Pdt.G/2020/PN Amr of the Amurang District Court, where the creditor unilaterally issued a Pre Auction Process Notification Letter. The research is guided by the following problem formulations: How is the process of submitting a collateral auction request from the debtor to the creditor conducted? What are the obstacles in the auction process of collateral between debtor and creditor?How did the judge consider the auction process of collateral based on Decision No. 120/Pdt.G/2020/PN Amr?

The method used in this thesis is normative juridical research with a descriptive nature, employing a statutory approach. The data used are secondary data as the primary source, collected through literature study and analyzed qualitatively, along with a case approach based on the relevant court decision.

The results of this research show that the panel of judges at the Amurang District Court, in Decision No. 120/Pdt.G/2020/PN Amr, deemed the defendant's actions (PT BPR Prisma Dana) in issuing the Pre-Auction Process Notification Letter without prior summons, without clear debt details, and without considering the renewed verbal credit agreement, to be an unlawful act fulfilling the elements of Article 1365 of the Indonesian Civil Code. On that basis, the court partially granted the plaintiff's claim and rejected the defendant's counterclaim in full. However, at the appellate level, the Manado High Court through Decision No. 114/Pdt/2021/Pt Mnd granted the defendant's appeal on the grounds that the debtor remained in default and that the auction process followed proper procedures. Nevertheless, the High Court's considerations are viewed as insufficient in acknowledging the good faith and existence of a valid verbal agreement. The contrast in judicial reasoning between the two court levels reflects the critical importance of consistent application of the principles of justice, prudence, and legal protection in resolving credit agreement disputes.