PRAKTEK PEMBEBANAN DAN PELAKSANAAN EKSEKUSI HAK TANGGUNGAN DI INDONESIA

Abstract

AbstrakThis article elaborates concerning Indonesia secured transcation thatfocused on hak tanggungan (Indonesian mortgage) in anxious practicalperspectives. The origin of the apprehension is rooted on the regulationmethod of foreclosure hak tanggungan. The regulation itself that abide byprior Dutch law (HIR dan Rbg) has reflected inconsistency on Indonesiansecured transcation law refom. That divergence is reflected by their longdistance era perspectives and unsimilar concern which is HIR and Rbgcommonly effective for civil procedure that then has not sophisticated on haktanggungan foreclosure. The most significant anxious implication at practicearea has been resulted by divergence happens on foreclosure procedure.Under article 6 Hak Tanggungan Law foreclosure can be done by parateexecutie (selling by granted proxy) methods, but then be released bypargraph 9 of General Eludication that stipulate any fiat executie (courtorder). That situation is continuing in practice even by Law number 10 year2004 has released stipulation that eludication of law has no tight bind andeffective power.