PANGESTU, MUHAMMAD SATRIO ABHI (2021) PERLINDUNGAN HUKUM TERHADAP DEBITUR ATAS LELANG EKSEKUSI HAK TANGGUNGAN DIBAWAH HARGA PASAR (ANALISIS PUTUSAN PENGADILAN NEGERI PURWOKERTO NOMOR 48/PDT.G/2019/PN.PWT). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

In Purwokerto District Court Decision Number 48/Pdt.G/2019/PN PWT the Debtor or as the plaintiff has obtained a credit facility from Bank BCA as Defendant-I since 2005 with a cooperative relationship between the Debtor as the Plaintiff and the Creditor as Defendant-I credit payments are always smoothly done. The cooperative relationship lasts for 10 (ten years). Since the beginning of the collaboration the Defendant-I did not specify how much credit was charged to the credit guarantee, so that the Plaintiff never knew how much credit/debt was charged to each certificate due to the encumbrance of mortgage rights, it should have been written how much credit debt was charged to guarantee one such certificate. From this description, the following problems can be formulated: 1. How is the legal protection for debtors over the auction of execution of mortgage rights below the market price in the Purwokerto district court decision number 48/pdt.g/2019/pn pwt, 2. What legal remedies can be taken the debtor, if the determination of the auction limit value is below the market price by the creditor. This study uses a legal approach which is carried out by reviewing and reviewing "Law No. 4 of 1996" concerning Mortgage on land and objects related to land. Legal protection for debtors in accordance with the events that occurred in the Purwokerto district court decision number 48/pdt.g/2019/pn pwt is preventive and repressive legal protection. Where preventive legal protection can be carried out before pre-auction while repressive legal protection can be submitted by the debtor in the event of a dispute. Legal remedies that can be taken by the debtor, if the execution of the auction of collateral / mortgage is sold below the market price is to file a lawsuit against the law in a district court.

Dosen Pembimbing: WIDODO, SELAMAT | unspecified
Item Type: Thesis (Bachelor)
Uncontrolled Keywords: Legal Protection, Auction, Mortgage
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum S1
Depositing User: Iin Hayuningtyas
Date Deposited: 08 Apr 2022 01:50
Last Modified: 02 Dec 2024 02:28
URI: http://repository.ump.ac.id/id/eprint/11367

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