Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability

Muhammad Irvan Hidayana,Muazzin Muazzin,Ilyas Ismail

doi:10.24815/sklj.v5i3.24299

Abstract

The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.

Highlights

With the Law Number 4 of 1996 concerning Mortgage Rights, it has given authority to creditors to be able to carry out the execution of mortgage rights without having to require the approval of any party
The debtor's effort to file a lawsuit for the execution of mortgage rights in the credit agreement is a step taken by the debtor to postpone or cancel the auction
With the existence of an auction lawsuit made by the debtor after the auction was announced by the creditor who auctioned the mortgage object through the auction agency, in this case the KPKNL, usually KPKNL will take a stance to postpone the auction or reject the request for an execution auction submitted by the creditor

Summary

Introduction

With the Law Number 4 of 1996 concerning Mortgage Rights, it has given authority to creditors to be able to carry out the execution of mortgage rights without having to require the approval of any party. The potential for a lawsuit from the debtor to the creditor over the auction through the KNPL is very high, even though the auction is based on the executorial title of the mortgage certificate. That the auction was delayed, due to a lawsuit from the debtor with the various motives behind the auction lawsuits, mostly due to the determination of the low object limit price, in the end several debtor claims were rejected by the panel of judges with various considerations, so that. If accompanied by a judge's decision to postpone the auction, it will result in potential losses suffered by creditors to accumulate in a relatively long time

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