Eksekusi Lelang Jaminan Hak Tanggungan Untuk Melindungi Hak-Hak Bank Sebagai Kreditur (Studi Putusan Nomor 92/Pdt.G/2022/PN Kln)

Abstract

This study examines the execution of mortgage guarantee auctions as a means of protecting the rights of banks as creditors, with a specific focus on Case Decision No. 92/Pdt.G/2022/PN Kln. The research addresses three main issues: the fairness afforded to creditors under the legal provisions governing mortgage auctions in positive law; the standard for determining the auction value of mortgaged assets as regulated by existing laws; and the extent of legal protection for the rights of banks as mortgage holders, as reflected in the aforementioned case decision. The research adopts a normative juridical method with a descriptive approach. It relies on secondary data obtained through literature reviews to produce primary, secondary, and tertiary legal materials. Additionally, interviews with bank representatives were conducted to gain practical insights into auction execution. The data were analyzed qualitatively, focusing on the interpretation of legal texts, including statutory regulations, court decisions, and academic literature. The findings reveal that while the legal framework for mortgage auctions under positive law is clearly established, practical challenges remain—particularly in determining fair auction values—that hinder the realization of justice for creditors. Current valuation standards do not always guarantee optimal outcomes for creditors. In the case of Decision No. 92/Pdt.G/2022/PN Kln, legal protection for the bank as a creditor was implemented, though challenges persist in ensuring both legal certainty and equitable outcomes. In conclusion, although auctions serve as a legal mechanism to safeguard the rights of banks, in practice, they do not always deliver fair and optimal results. This is largely due to the complexities of auction procedures, which are more difficult in implementation than suggested by legal provisions. The study recommends revising the standards for auction valuation and strengthening the legal safeguards for creditor rights during execution.