AKIBAT HUKUM TERHADAP PARATE EKSEKUSI DALAM PERSPEKTIF HAK TANGGUNGAN

Abstract

Referring to Article 6 of the Mortgage Law, the execution process can be carried out without going through a court, in other words, there is no need to request fiat execution from the Head of the District Court because the right of the first Mortgage holder to sell the Mortgage object on his own power is a right based on law. The method that the writer uses in this research is normative or doctrinal legal research. This study concludes that the parate execution mortgage is an absolute right owned by the creditor, this absolute right can be exercised when the debtor defaults, and its implementation is purely with the aim of recovering the losses received by the creditor for the default act committed by the debtor. And goods executed by the creditor are objects to which a mortgage is attached as a consequence of the guarantee agreement given by the debtor when he agrees to bind himself with the creditor in a credit agreement.