Peranan Balai Lelang Swasta pada Pelaksanaan Lelang Eksekusi Hak Tanggungan dalam Penyelesaian Kredit Macet (Studi Kasus pada PT. Balai Lelang Sukses Mandiri)

Abstract

Bad debt is the banking word is a chronical problem which may endanger and threat the Indonesian banking system. Therefore, it must be anticipated by all parties because bank plays a strategic role in the Indonesian economic activities. Therefore, under Law Number 4 Year 1996 on Encumbrance Right, bank as a creditor can execute the Encumbrance right through an auction and collect the settlement of his receivables from the proceeds of such sale, without requiring an approval from the debitor as stipulated in Article 6 of Law on Encumbrance right. Sale through auction is legally handled by State Auction Office, but as an effort to improve auction efficiency as one of open and objective business through a Private Auction Office. Research questions in this research are: What the role and responsibility of Private Auction Office in implementing encumbrance right auction execution? What is the mechanism? And what is the obstacle in implementing the auction? To answers the research questions, normative juridical research was conducted, supported by empirical research. Sources of data of his research were primary, secondary and tertiary legal sources. The primary data was collected thought a field study by interviewing PT. Balai Lelang Sukses Mandiri and secondary data was collected thought a literature study. Findings of the research showed that the role of Private Auction Office in executing the security right based on legal certainly theory and was supported by legal system theory and development legal theory and was still very limited to provision of services pre dan post the auction such as auction object administrative or supporting document checking, auction object physical checking, marketing, collecting of auction participants, handover of auction letter and object handover. Therefore, a revision of various regulations related to Private Auction Office is vital so that it is hoped that it can reach the objective of giving an opportunity to public, especially business sector, in the implementation of auction process i.e., to improve auction efficiency as on of open and objective economic facilities. It is also hoped that Private Auction Office can be a favorite institution among another alternatives as an effort to solve abd loan and of course, can serve as on of economic activities for public.