| dc.description.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. | en_US |
