Mechanism of Execution on Land and Building Auction Objects Proposed by the Auction Winner at the District Court

Awal Ratna Margasari ,Fence M Wantu ,Dian Ekawati Ismail

doi:10.7176/jlpg/98-15

Abstract

This study purpose to find out and analyze the mechanism of execution on land and building uction objects proposed by the auction winner at the District Court of Gorontalo and to find out and analyze the legal protection of the auction winner toward resistance to execution of mortgage rights at the District Court of Gorontalo. The study used normtive reserch method.The legal protection of the auction winner toward resistance to execution of mortgage rights at the District Court of Gorontalo has not appeared clearly in normative law however stated in several statutes such as the auction winner rights get aution minutes, uction winner as good buyer, the auction winner may get compensate if the auction being cancelled and the resistance ctully would not suspend the execution thus the auction winner get legal certainty. Key terms :Execution, Auction Objects DOI: 10.7176/JLPG/98-15 Publication date: June 30th 2020

Highlights

The Indonesian state is legal state having duty to protect its citizen to create order, safety, justice nd welfare in the society
The legal protection toward the parties in the credit engagement following by execution auction of mortgage rights for the body integrity credit is arranged in the Act 6 of the Law number 4 of 1996 on The Mortgage Right of The Land including anythings related to the land, that if the debitor breach of contract, first mortgage right holder can immediately and directly submit an execution auction of mortgage right to the State Wealth and Service Office and take the payment of the receivable first from the auction
The Act 14 of the Law number 4 of 1996 on The Mortgage Right of The Land including anythings related to the land describe on the basic of the execution auction by the District Court and the State Wealth and Service Office proposed by the mortgage right winner via claim

Summary

Introduction

The Indonesian state is legal state having duty to protect its citizen to create order, safety, justice nd welfare in the society. The legal protection toward the parties in the credit engagement following by execution auction of mortgage rights for the body integrity credit is arranged in the Act 6 of the Law number 4 of 1996 on The Mortgage Right of The Land including anythings related to the land, that if the debitor breach of contract, first mortgage right holder can immediately and directly submit an execution auction of mortgage right to the State Wealth and Service Office and take the payment of the receivable first from the auction.

Results

Conclusion