Akibat Hukum Objek Lelang Eksekusi Hak Tanggungan terhadap Pengajuan Derden Verzet dari Pihak Beritikad Tidak Baik (Studi Putusan Nomor 466/Pdt.Bth/2022/PN Mdn)

Abstract

There are a series of rules that regulate the procedures for litigating before the court and the implementation of decisions in the context of civil procedural law. Parties who are dissatisfied with the judge's decision can submit legal action, one of which is an effort that can be filed by a third party (derden verzet) if they feel that their rights have been harmed as a result of the court's decision. This opposition can not only be filed on the basis of property rights, but also if you feel that you have suffered a loss due to the execution of the mortgage auction for the object used as collateral. Cases like this are reflected in Decision Number 466/Pdt.Bth/2022/PN Mdn, where a party filed a derden verzet against the execution of the mortgage rights auction which resulted in the land being pledged as collateral becoming the property of the auction winner. This raises the question of the legal consequences of the auction object for the execution of mortgage rights on the submission of a derden verzet from parties with bad intentions which will be examined further. This research uses a normative juridical research method that looks at the objects discussed based on statutory regulations and court decisions to obtain information related to resolving a case which is emphasized in literature study for collecting legal materials. Mortgage guarantees are provided to protect the interests of creditors in executing the object by holding an execution auction. If the execution auction for the collateral object has been carried out in accordance with statutory regulations, then the legal consequences of the execution auction object for the submission of a derden verzet order after the auction object is owned by the auction winner remain with the auction winner.