Auction for the Execution of Dependent Rights Related to Customers in Default at Bri Kalianda (Case Study of Supreme Court Decision Cassation Number: 310/K/Pdt/2023)

Abstract

The bank as a creditor cannot be harmed by bad credit. Efforts to avoid bad credit are carried out by taking anticipatory steps in the form of a guarantee mechanism for debt repayment. This mechanism is an anticipatory step in the event of bad credit by the debtor. The problem formulation in this research is (1) Does the auction execution have to meet the on-rechtmatige daad? (2) What are the legal consequences of the auction for the execution of mortgage rights in the Cassation Decision Number: 310/K/Pdt/2023? (3) What are the obstacles in carrying out the auction for the execution of mortgage rights? The method used in this research is descriptive normative, with data sources obtained from laws, books, journals, articles, etc. The results of this research are the conditions for an unlawful act, namely, firstly, there is an unlawful act, decision Number 310/K/Pdt/2023, the plaintiff is a bad credit debtor, which is an unlawful act. Since August 2018, the debtor has been in arrears in carrying out his obligations to make credit payments in installments, secondly there is an error, namely he has committed a default (default) on working capital credit, thirdly there is a loss, there is causality. The legal consequences of the Auction for the Execution of Mortgage Rights in the Cassation Decision Number: 310/K/Pdt/2023 do not conflict with applicable law, and have met standard requirements. The implementation of the auction in decision 310 K/Pdt/2023 has been carried out by KPKNL Bandar Lampung in accordance with the provisions of the regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK/06/2016/ Concerning instructions for implementing the auction and based on the auction minutes number 255/20/2020/ dated 16 April 2020 there was an auction winner, namely Ms Eva.S. Judex Facti/ Tanjong Karang District Court in this case does not conflict with the law and/or statute, so there are no obstacles in carrying out the auction, because the plaintiff has defaulted (breach of contract).