Reformasi Hukum Trisakti
Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti

KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI

Sarah Jasmine Syafitri (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Irene Eka Sihombing (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
23 Feb 2022

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.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...