ANALISIS UPAYA HUKUM PIHAK KETIGA TERHADAP EKSEKUSI BENDA JAMINAN

Abstract

In general, the execution of collateral objects raises disputes because creditors want the right to repay debts on collateral objects while debtors are not willing to guarantee collateral executed for debt repayment. The debtor maintains the collateral object by taking legal action to court. This study discusses the third party legal remedies against the execution of collateral objects with the aim of analyzing the execution of collateral objects, and the third party legal remedies in the execution of collateral objects. The juridical normative approach is used. This paper shows that the execution of bank credit guarantee land that is burdened with mortgage rights is carried out based on Law Number 4 of 1996 concerning Mortgage Rights (UUHT). However, there are no implementing regulations regarding the procedure or procedure for executing the Mortgage right object so that the execution of the mortgage right is based on Article 224 HIR / Article 258 RBg. Legal remedies for third parties in the execution of the execution of collateral objects, namely bringing a lawsuit to the court to cancel the execution of collateral objects. With regard to the lawsuit, it is first determined whether the third party has a relationship with the object of the dispute to determine whether the third party has the capacity to file the claim. If it does not have a connection with the object of the dispute, then it does not have the capacity to file a lawsuit so the claim should be rejected.