Tinjauan Yuridis Eksekusi Grosse Akta Hak Tanggungan Sebagai Penyelesaian Kredit Macet

Abstract

In running the banking operation, a bad credit constitutes a quite complicated problem and found many times. Thus, the bank (creditor) extending the credit must be careful and is obliged to meet formal requirements as regulated. If the debtor do non-performance, so in order to secure re-fund for creditor. there should be always done binding the debtor by involving one thing mortgage right. This objective of this study is to know how the law enforcement applied to the object of guarantee bound in mortgages right, how to run Grosse execution by deed and in what shall be thing with outcome if occurrence any contra (verzet) against the execution of that Mortgage right itself,

This study adopted a normative law research with a descriptively analysis, while doing a normative juridical approaching, The data employed to this research are secondary and primary data(s). The secondary data obtained by library research and by the books with laws regulation rules obtained by notary/ authority producing Deed for Land, Bank, National Land Agency and District Court.

‘The morigage right is an effort conducted by creditor. Since employing the tmortgage tight however it shall present security in law enforcement to creditor which by creditor will have a right in prefer, beside it by seen available substantive on mortgage right shall be simplifying to creditor in conducting an execution to the ‘guarantee goods.

Execution to mortgage right shall be a privilege to creditor as a way to. pay off the debt when found debtor get non-performance, namely by conducting a claim by suit, refers to the law rules as intended in Article 224 HIR/258 Rbg and by conducting a sell under hand. But, there are matters inhibiting the creditor in conducting execution to the guarantee goods that has been bound in such mortgage right namely emerging a contra (verzet) by debtor, while debtor takes this line under a certain reasonable.