Tinjauan Yuridis Eksekusi Objek Hak Tanggungan Melalui Pelelangan Umum (Studi di Bank Perkreditan Rakyat Eka Prasetya Cabang Tandem Hilir )

Abstract

The discussion of this undergraduate thesis provides an overview of juridical execution. Encumbrance is the sale of goods in public which carried out on the basis of theirrequest of PT.BPR Eka Prasetya to KPKNL because the debtor does notfulfill the subpoena / obligations imposed by PT.BPR Eka Prasetya so that thePT.BPR Eka Prasetya is able to make theauction execution of collateral due to the agreement between the parties of PT.BPR Eka Prasetya and the debtor that is the object of RightsDependents. Therefore the Investigators conducted ajuridical study to the auction execution Mortgage with the formulation of problem i.e. (1) How does the granting of rights burden of PT.BPR Eka Prasetya? 2) How is the object execution of the rights dependents through a public auction? (3) What is the obstacle and barriers execution rightsdependents through a public auction? This study uses a qualitative approach with the type of research is case study research. The Sources of data in this thesis is the primary data and secondary data by using the collection techniques such as interviews, as well as studies in the office of PT.BPR Eka Prasetya.The early rifecase is the right burden with the non performingguaranteed which settled through Parate Execution in KPKNL. ParateExecution in KPKNL have some advantages where an auction is open topublic which led by an independentKPKNL officials, implementation-led by and / or auctionexecuted and witnessed by officials as a public official auctionappointed by the government, the auction is always announced by auction announcement, the reasonable price for the auction system is competitive and transparent which assessed by an independent appraisere and auction led by the auction officials produce authentic act called the minutes of the auction. In the implementation ofauction execution, there are several barriers often happens such there is not any of auction participants, the less demand of oil palm and rubber objects.In this case of the auction execution which encumbrance on PT.BPR Eka Prasetya byKPKNL Medan, are in accordance with the Regulation of the Minister of Finance No.93 / PMK.06 / 2010 about the guideline concerning of the implementation of auctions although there are somebarriers which always happen, therefore the researchers gave suggestions PT.BPR Eka Prasetya should be more careful in providing credit facilities in order to minimizetheir bad loans, so that reduced the execute guarantee rights.