Abstract
The arrangement of the execution of dependent rights by way of Parate Executie in the Dependent Rights Act aims to provide convenience to creditors and auction winners in fulfilling their receivables while the debtor wanprestasi, i.e. creditors can sell the object of Dependent Rights over their own power without having to go through the judiciary. It's just that the ease that the creditor has in fact cannot be utilized because there is a difference in the interpretation of the arrangement regarding the execution parate in the Dependent Rights Law (Law No. 4 of 1996 concerning the Right of Dependents on Land And Objects Related to Land). The research method used is normative juridical with primary data and secondary and tertiary data obtained through literature studies and field surveys with data collection tools in the form of interviews. Legis Ratio of Article 6 of Law No. 4 of 1996 concerning The Right of Dependents on Land And Objects Related to Land is the procedure of execution as intended in Article 6 of the UuHT, the first creditor of the holder of Dependent Rights simply submits an application for the implementation of the auction to the State Auction Office. The right of creditors to sell the object of dependent rights on their own power in public, has been submitted by law itself to the creditors of the first dependent rights holder. That authority is not obtained from the grantor of dependent rights but is already in itself to him, on the basis of the law itself giving to him. Legal protection provided to the Winner of the Auction of the execution of Dependent Rights by providing real benefits in the form of convenience and efficiency of time and other conveniences to all parties for the process of executing dependent rights. Keywords: Legal Protection, Parate executie, Auction. DOI: 10.7176/JLPG/114-05 Publication date: October 31 st 2021
Highlights
Enacting the Dependent Rights Act dated April 9, 1996, the right of dependents is the only institution of land guarantee rights in the written national land law
The arrangement of the execution of dependent rights by way of Parate Executie in the Dependent Rights Act aims to provide convenience to creditors and auction winners in fulfilling their receivables while the debtor wanprestasi, i.e. creditors can sell the object of Dependent Rights over their own power without having to go through the judiciary
Legis Ratio of Article 6 of Law No 4 of 1996 concerning The Right of Dependents on Land And Objects Related to Land is the procedure of execution as intended in Article 6 of the UuHT, the first creditor of the holder of Dependent Rights submits an application for the implementation of the auction to the State Auction Office
Summary
Enacting the Dependent Rights Act dated April 9, 1996, the right of dependents is the only institution of land guarantee rights in the written national land law. Dependent rights are credits that provide protection and privilege to certain creditors. The law regarding credit guaranteed with the right of dependents governs the agreement and the relationship of certain receivable debts between creditors and debtors which includes among them is the right to sell the auction of certain property designated as collateral to further take repayment from the proceeds of the sale of the guarantee if the debtor defaults. Because the protection derived from the general guarantee is felt still does not provide a sense of security to creditors, so in the practice of lending, banks feel the need to ask for special guarantees, especially those of a material nature. The presence of the Dependent Rights Act as a substitute for mortgage and credietverband institutions is very much beneficial
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