PERLINDUNGAN HUKUM BAGI PEMBELI LELANG EKSEKUS I HAK TANGGUNGAN DENGAN PARATE EKSEKUS I DI KPKNL PEMATANGS IANTAR ATAS PEMBATALAN PUTUSAN PENGADILAN

Abstract

This study discusses the legal protection for buyers auction of mortgage rights
execution with parate execution at Pematang Siantar KPKNL for cancellation of
court decisions. This research is motivated by the fact that the cancellation of a court
decision on the auction of execution of mortgage rights Article 6 of the Act of
Underwriting Rights that has been carried out has resulted in an invalid auction and
null and void means that the auctioner's rights to the auction object will end and
certainly cause losses to the auction buyer in good faith who have entrusted the
mechanism of purchasing goods through an auction facility. The execution of the
auction is carried out with the guarantee of the material rights of the mortgage
through the Pematang Siantar KPKNL. The purpose of writing this thesis, namely;
First, to find out the juridical review of the execution of Article 6 of the Underwriting
Rights execution, secondly, for legal protection for buyers to auction the execution of
mortgage rights that are canceled based on a court decision
This type of research can be classified in the type of normative legal
research, because in this study the authors conducted research by examining library
materials. Data sources used are secondary data consisting of primary legal
materials, secondary legal materials and tertiary legal materials, using descriptive
methods.
From the results of the research problem there are three main things that
can be concluded. First, the execution process for the execution of Article 6 of the
Underwriting Right Law is not yet fully in accordance with the relevant regulations.
Second, legal protection for auction buyers is given in a preventive and repressive
manner. Authors' advice, First, the relevant regulations should guarantee legal
certainty for all parties, Second, the Judge who decides the dispute should also pay
attention to the rights of the auction buyer.
Key Words: Legal Protection – Execution Auction – Mortgage Right – Execution
Parate