Creditor Unlawful Acts in The Process of Implementing The Auction for The Execution of Mortgage Rights

(Case Study of Ruling Number 95/PDT.G/2021/PN SBY)

Main Article Content

Yosua Simon Suganda
Universitas Tarumanagara
Ariawan Gunadi
Universitas Tarumanagara

Mortgage is one of the collateral institutions used as collateral for immovable objects, such as land or buildings. Collateral for mortgage rights is a requirement if a debtor wants to get a loan from a bank. The mortgage right will be executed by the creditor if the debtor cannot repay the loan. However, creditors can also be sued for committing unlawful acts in executing mortgage guarantees. In this case, it will be examined whether the creditor in Decision Number 95/Pdt.G/2021/PN SBY committed an unlawful act in executing the mortgage right. This research is normative legal research carried out descriptively analytically and using a statutory approach. From the results of this research, it can be seen that creditors cannot be said to have taken legal action because all the arguments for the debtor's lawsuit cannot be proven, starting from providing credit restructuring, violating standard clauses, and irregularities by creditors in granting credit. Apart from that, the lawsuit filed by the creditor does not meet the formal requirements

Keywords: unlawful act, execution, mortgage rights