How to cite:

Sunita Caroline Pontoh, M. Sudirman (2024) Implementation of Parate Executie Based on Article 6

of Law Number 4 of 1996 concerning Guarantee of Dependent Rights to the Auction of Objects of

Dependent Rights (06) 07,

E-ISSN:

2684-883X

Published by:

Ridwan Institute

LAW NUMBER 4 OF 1996 CONCERNING GUARANTEE OF DEPENDENT

RIGHTS TO THE AUCTION OF OBJECTS OF DEPENDENT RIGHTS.

Sunita Caroline Pontoh, M. Sudirman

Universitas Jayabaya, Indonesia

Email: [email protected] [email protected]

Abstract

In general, there are laws that provide protection to banks as lenders to obtain

repayment of their debts when the debtor is in default, this is stated in Article 1131 of

executing the mortgage certificate. must be carried out but can still provide legal

certainty for interested parties, in this case, the auction seller, auction buyer and

auctioneer. Therefore, in carrying out executions based on parate execution, it must be

able to provide convenience and legal certainty for all interested parties

Keywords: Parate Executie, Auction, Mortgage, Legal Certainty.

INTRODUCTION

The community, both individually and in the form of business entities that strive to

increase their consumptive or productive needs, urgently needs loan facilities by banks in

Credit agreements between creditors and debtors often do not run smoothly because

the loaned funds are problematic or cannot be returned by the debtor to the bank as a

creditor or even become bad credit (Djumhana, Di Indonesia, & Penerbit, 2008). To

prevent this risk, banks as creditors take steps from the beginning by requiring a guarantee

for debt repayment in the event of bad loans by the debtor (Bastian & Junaidi, 2019). In

general, there is a law that provides protection to banks as lenders to get repayment of

In particular, the Government made Law Number 4 of 1996 concerning Dependent

Rights on Land and Land-related Objects (UUHT) in order to provide special protection

to each creditor. The UUHT has the privilege of providing guarantees to creditors to be

able to quickly obtain repayment of their receivables when the debtor defaults. So that if

the debtor defaults, the creditor does not need to file a lawsuit in Court but can directly

apply for execution based on the certificate of dependent rights.

The convenience obtained from the birth of the UUHT is in the form of execution if

the debtor is injured in the promise, in Article 20 of the UUHT provides 3 (three) options

in carrying out the execution of the certificate of dependent rights, namely (Lutfiya et al.,

2020):

Certificate of Dependent Rights which contain the words "FOR JUSTICE BASED ON

THE ONE GOD". The object of the dependent rights is sold through a public auction

according to the procedures determined by the laws and regulations (Title Executorial);

and

c. Article 20 paragraph (2), agreement between the grantor and the holder of the Right of

Dependency, the sale of the object of the Right of Dependency can be carried out

under the hands if thereby it will be possible to obtain the highest price that benefits all

parties (Sale under the hands).

Parate Executie which is regulated in the UUHT is ambiguous, this is because there

are multiple interpretations between Article 6 of the UUHT and General Explanation

accordance with the ideals of the establishment of the Law on the Right of Dependency as

stated in the General Explanation of the Law on the Right of Dependency (Harahap &

Minin, 2017).

In the implementation of the auction sale of the execution of the object of the right

of dependency using the parate executie mechanism in Article 6 of the UUHT, the

creditor or holder of the right of dependency as the seller of the object of the right of

122 of 2023, it is not regulated regarding the obligation of creditors as auction sellers to

control physically first so that even though the auction has been completed, the execution

process of the object of dependent rights using the Parate Executie mechanism cannot be

said to have been completed because the auction of the execution of dependent rights can

be said to have been completed when the auction buyer has mastered the object of the

execution of the right Dependents (Retnaningsih, Nasution, Velentina, & Manthovani,

2020).

Based on the description above, where there is a legal problem regarding the non-

regulation of the obligation for creditors as auction sellers to first control the object of

physical execution of dependent rights for the convenience and legal certainty in the

This research method uses a doctrinal research method, namely legal research is

studied from various aspects such as theoretical aspects, principles, philosophy,

comparison, structure/composition, consistency, general explanation and explanation of

articles, formality and binding force of a law as well as the language used either legal

language or translation language. As it can provide a wide range of descriptions

(Taekema, 2018). The analysis was carried out in a qualitative descriptive manner using

the deductive method. Conclusions are drawn prescriptively (Ali, 2021).

RESULT AND DISCUSSION

Implementation of Parate Executie on the Auction of Objects of Dependent Rights

from the word "paraat" meaning ready to be handed, so parate executie is said to be a

means of execution that is ready in hand (Lutfiya et al., 2020). According to the legal

dictionary, parate executie means direct implementation without going through the

process (Court or Judge's determination). "Parate execution is an execution carried out

when a creditor sells certain goods belonging to the debtor without having to obtain an

executory title" (Fajarwati, 2017).

In practice, the process of implementing parate executie has undergone a shift in

meaning and not all State Property and Auction Service Offices (KPKNL) are willing to

carry out auction sales of objects of dependent rights based on Article 6 of the Law

(parate executie) on the grounds that every public sale (auction) of the object of

dependent rights must go through the fiat of the Chief Court. This is motivated by the

mistake of the framers of the Law and the Judiciary in understanding the two execution

institutions, namely between the parate executie and the execution based on the

executory title (Wibowo, 2023).

If the parate executie still has to go through the fiat of the chief justice, then the

position of the parate (ready to be handed over) as the right to sell over one's own power

This is reviewed from the General Explanation number 9 of the UUHT stating

"One of the characteristics of a strong dependent right is that it is easy and certain in the

implementation of its execution, if the debtor is injured in the promise. Although in

general the provisions on execution have been regulated in the applicable civil

procedure law, it is considered necessary to include specifically provisions on the

execution of dependent rights in this law, namely those that regulate the institution of

the parate executie as referred to in Article 224 of the Updated Indonesian Regulations

(Het Herziene Indonesisch Reglement) and Article 258 of the Regulations Legal

Procedures for Areas Outside Java and Madura (Reglement tot Regeling van het

Rechtswezen in de Gewesten Buiten Java en Madura)." and Explanation of Article 14

explanations above explain that the implementation of the parate executie refers to the

provisions of Article 224 H.I.R. and 258 R.Bg and the Civil Code (Arifin, 2016).

If Article 14 paragraph (2) and paragraph (3) and General Explanation number 9

of the Law are related to Article 224 of the HIR, it can be interpreted that the Law does

not specifically regulate the procedure for the execution of the object of dependent

rights, but still uses the provisions in the Civil Procedure Law as a provision for the

2022).

From this explanation, the interpretation based on the law regarding the procedure

for parate executie is the same as the procedure for the execution of the certificate of

Dependent Rights, namely using procedures in accordance with the Civil Procedure

Law (Gunawan, Anggraeni, & Fitri, 2023). Therefore, if the debtor is really injured in

the promise (default) of the parate executie must go through permission and on the

order of the Chief of the District Court, to be able to carry out the promise to sell under

his own power, by selling the object of the Right of Dependency, but the sale is based

on Article 224 HIR/258 RBg. Here the implementation of the parate executie

experiencing a double meaning, on the one hand the implementation is directly through

amended several times and the last amendment is the Regulation of the Minister of

Finance of the Republic of Indonesia Number 122 of 2023 concerning Guidelines for

the Implementation of Auctions (Permenkeu Number 122 of 2023). The implementation

of the auction sale of the execution of the object of the right of dependency using the

parate executie mechanism in Article 6 of the UUHT, the creditor or holder of the right

of dependency as the seller of the object of the right of dependency is obliged to the

delivery of movable goods and/or immovable goods, this is expressly regulated in

Article 12 paragraph (1) letter j of the Minister of Finance Regulation Number 122 of

2023.

However, in the Minister of Finance Regulation Number 122 of 2023, there is no

carried out by the creditors themselves through the Auction Office, if the auctioneer

does not want to vacate the auctioned object, cannot be emptied based on Article 200

paragraph (11) of the HIR but must file a lawsuit. Because the auction mentioned above

is not an execution auction but a voluntary auction" (Bunga, 2022).Which will eliminate

the easy and definite feature in the implementation of the execution of the right of

dependency as stated in the General Explanation number 3 letter d of the UUHT.

Court. In terms of norms, it is actually very clear the context of the substance in Article

6, but it is as if Article 6 stands alone and has no legitimacy. This has given rise to

various different interpretations in carrying out the implementation of the parate

executie, whether it can be carried out as stipulated in Article 6 itself, or whether it must

be interpreted in accordance with the understanding of the execution of the grosse deed

(executive title).

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