TINJAUAN HUKUM TERHADAP KEKUATAN EKSEKUTORIAL SERTIPIKAT HAK TANGGUNGAN DALAM MENGATASI KREDIT MACET

Abstract

One characteristic of a strong Mortgage is easy and certainly in the implementation of its execution, if the debtor's breach of contract. This is manifested by the availability of means of execution that is easier than through a lawsuit like ordinary civil case. However, in practice there are many obstacles to the implementation of the rights contained in eksekutorial Mortgage. An example is the number District Court kasusputusan: 03/PEN.EKS/2010/PN.Mrs. In such cases the parties do dispute owed to the District Court of the District Court of Marisa on executions to be carried out by the party berpiutang or creditors. With the denial is the creditors who have claims secured by the Mortgage, pending the implementation of the right according to the rules on the right Mortgage eksekutorial. In this study will be discussed on the strength of the certificate eksekutorial Mortgage in fulfilling the rights of the parties bound by the Mortgage and the security procedures and the strength of the certificate eksekutorial Mortgage in fulfilling the rights of the parties has been fulfilled in the process of execution of the Mortgage District Court Number: 03/PEN.EKS/2010/PN.Mrs

This research is descriptive analysis with normative juridical approach, the data obtained through library research and field research as an amplifier. Furthermore, the data analyzed in this study concluded kualitatif.Dari, Mortgage Law has given great strength to eksekutorial Mortgage certificate, with the inclusion of Irah-Irah which reads "For the sake of Justice Based on Belief in God Almighty", so the status of the certificate Mortgage with court verdict which has permanent legal power. As for how to implement the power possessed by a certificate eksekutorial Mortgage done through two ways: direct execution based on the provisions of Article 6 of Law Mortgage and execution through eksekutorial title provided for in Article 20 paragraph (1) Mortgage Act and Court ruling on the case number and strength eksekutorial 03/PEN.EKS/2010/PN.Mrs procedures owned by the Mortgage was executed in accordance with the rules of execution set out in the Mortgage Law Mortgage. Thus fulfilling the rights of the parties is also performing well.