Kepastian Hukum terhadap Pemenang Lelang dalam Lelang Agunan Bank (Studi Kasus pada Putusan Nomor 193/Pdt.G/2019/PN.Ptk)

Abstract

Law on Hypothecation provides privilege for a creditor as the first holder of hypothecation to do objet execution on his own authority through public subscription, and the loan payoff is taken from the auction with the priority right of other creditors through execution parate, based on executorial title in the Hypothecation Certificate. In the APHT, the vacancy of the collateral during the time of hypothecation execution, basically has been agreed according to Article 11, paragraph (2), point K of UUHT so that the debtor is required to cmply with the result of auction, and he does not the right to refuse vacating. There is a conflict in Bank Perkreditan Rakyat Universal in which the debtor does not pay off his debt which is based on the contract so that the creditor, Bank Perkreditan Rakyat Universal, in Pontianak, does the execution of the collateral by public auction. The debtor, on the other hand, files legal opposition (verzet) and complaint in the Case No. 193/Pdt.G/2019/PNPtk. This has cause the auction winner cannot do transfer title or control the auction he has already won. The result of the research shows that filing lawsuit against Illegal Offense to the Court to Blockage Petitioner and the Land Office to remove the blockage as the legal protection for the auction winner. Besides that, the auction winner can file a requestfor the execution ofvacating the auction object to the District Court. In the Verdict No. 193/Pd1.G/2019/PN.Pk, the Panel ofJudges considers that the collateral used as the hypothecation by the Plaintiffhas the sake executorialforce as the court Verdict which is final and conclusive, based n executorial title, foreclosure sale can be directly carried out, and the debtor is required to leave/vacate the collateral: What has been done by the Plaintiff is considered illegal offense because he has violated other people's civil rights iAn order to avoid juridical obstacles. It is expected that the government can make a change and addition of clauses in the UUHT by giving the authority or directly appointing a bailiffand police officer to do execution ofthe hypothecation so that KPKNJ ad the Bank can synergize with the regulation by doing the procedure of the foreclosure sale based on the Decree of the Minister of Finance and the auction letter certificate.