The Problems In Implementation Of Auction Mortgage Execution Right Through State Court And Law Protection For The Related Parties

Requesting of Auction Mortgage execution Right closely with the State Court as an example of their lawsuit constraint from third parties ( derdenverzet ) who feel they have the right to object execution although nothing to do with the creditor and the debtor. This resistance makes the Chairman of the Court can not grant the request execution even though creditors have Encumbrance Certificates with the tittle, but had to check out in forums related to the trial evidence to determine whether the resistance was sufficient reason or just a conspiracy by the debtor to stall the execution. In terms of material being examined is the truth of all legal acts of the parties contained in the credit agreement, the Deed Mortgage and Certificate Encumbrance so that if found to an act that is unlawful or fraudulent then judge for authority ( ex officio ) may cancel the deed related and stating execution can not be carried out. While the terms are related to the legal execution technically start from aanmaning , Confiscate Execution, Auction Announcement, Implementation of Auction even to the Post-Execution. Long series of execution procedures need to be studied in depth, especially related to any problem that could result in the cancellation of the execution of Encumbrance through the State Court and how the creditor protection petition against the execution was not granted considering this case can not be filed appeal or cassation. Keywords: Auction Execution; Mortgage Right; Legal Protection .