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

EKSEKUSI HAK TANGGUNGAN DI BANK SYARIAH (STUDI KASUS PUTUSAN NOMOR 5530/PDT.G/2017/PA.BADG)

Syifa Esthiningtyas Putri Widodo (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Dyah Setyorini (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
09 Nov 2022

Abstract

The Mortgage Law and Objects Related to Land, namely Law Number 4 of 1996, (hereinafter reffered as the Mortgage Law) states that there are three ways if the debtor breaks a promise (wanprestasi) and the creditor can carry out the execution of the Mortgage object. The three methods consist of Parate Execution as stated in the Mortgage Law Article 6, Executorial Title as stated in the Mortgage Law Article 14 paragraphs (2) and (3), as well as Underhand Execution. Execution of Mortgage carried out by Islamic Banks in the Study of Decision Number 5530/Pdt.G/2017/PA.Badg remains subject to the Mortgage Law and the auction process which is carried out on the basis of Minister of Finance Regulation Number 27/PMK.06/2016 concerning The Instructions for Auction has been amended by The Minister of Finance Regulation Number 213/PMK.06/2020 concerning Instructions for Auction Implementation. The judge's considerations in adjudicating the Decision Number 5530/Pdt.G/2017/PA.Badg case are in accordance with the Mortgage Law, especially in Article 6 with the creditor still having the right to carry out execution through auction according to Minister of Finance Regulation Number 27/PMK. 06/2016 which has now been amended by Minister of Finance Regulation Number 213/PMK.06/2020.

Copyrights © 2022






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 ...