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Problems with the Implementation of Parate Executie in Indonesia for Land as an Object for Debt Collateral

Jetha Tri Dharmawan, Ellydar Chaidir, Effendi Ibnu Susilo

Universitas Islam Riau, Indonesia




When the debtor defaults on the agreed debt agreement, then legally the creditor has the right to the debt collateral object for payment of achievements that should be carried out by the debtor by executing it, but the implementation must of course be by applicable legal provisions. Execution of the debt guarantee object can be carried out by parate executie, by way of title executorial, or by way of a private sale. As for Parate Executie or direct execution on one's power, it is a practice of simplifying executions without having to involve the judiciary, which is quite simple, low cost, and relatively fast in time. Unfortunately, parate executives in Indonesia often cause problems in their applications. including because of its existence which currently exists or does not exist and is even considered the same as the concept of the executorial title, so its application becomes inconsistent. The existing problems cause the author to intend to conduct research that aims to find out what exactly is the cause of problems occurring in the implementation of parate executie and what are the solutions to overcome these problems. This research uses normative legal research methods using a statutory approach (statute approach) and a case approach (case approach) that are relevant to the object of the problem in this research. The results of the research from the author's research to find out what are the real problems in implementing parate executie in Indonesia are that there are inconsistent arrangements and implementation and there is confusion in the arrangement which originally regulated 3 (three) types of execution that can be taken by creditors against collateral objects of mortgage rights Also included here is the object of fiduciary guarantees if the debtor defaults (default), namely the exercise of executorial title, parate executie on his own power and underhanded execution, but in the end, it is no longer different and all must get fiat from the Chair of the District Court.



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