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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-01 | 5-10
Original Research Article
Reconstruction of Legal Protection of Debtors in the Execution of Mortgage Guarantee Object Based on the Value of Pancasila Justice
Budi Supriyatno, Gunarto, Amin Purnawan, Hesti Kristi Wahyudi, Rais Firdaus Handoko
Published : Jan. 29, 2021
DOI : 10.36348/sijlcj.2021.v04i01.002
Abstract
The implementation of legal protection for debtors in the execution of the mortgage guarantee object in Indonesia is currently not able to realize justice, therefore it is necessary to conduct research to examine what its weaknesses are and how to reconstruct legal protection for debtors in executing the object of guarantee of mortgage rights based on Pancasila justice. The research method used in this article is a non-doctrinal method with a constructivist paradigm. Based on the research conducted, it was found that the execution of the object of the guarantee of mortgage is not yet fair, this is because the Parate execution as intended in Article 6 of the UUHT has resulted in loopholes for the occurrence of misuse of the situation by the creditor to the debtor which will ultimately harm the debtor which resulted from the weakness of the execution of the object of guarantee of mortgage rights in Indonesia currently is in the implementing regulations of Article 6 of the UUHT using implementing regulations in the form of Minister of Finance Regulation Number 27 / PMK.06 / 2016 which is not recognized in the UUHT and also contradicts the terms of execution according to HIR. in order to solve this, a reconstruction of law is needed in the form of a regulation which oblige them before conducting the auction, to transform the property rights in to collateral property.
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