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All Journal Reformasi Hukum Trisakti
Sarah Jasmine Syafitri
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI Sarah Jasmine Syafitri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (193.831 KB) | DOI: 10.25105/refor.v4i1.13423

Abstract

In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.
KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI Sarah Jasmine Syafitri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13423

Abstract

In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.
Co-Authors Irene Eka Sihombing