Analisis Yuridis Perbuatan Melawan Hukum Pelaksanaan Lelang Jaminan Kredit Pemilikan Rumah (KPR) (Studi Putusan Pengadilan Negeri Medan Nomor 762/Pdt.G/2018/PN Mdn)

Abstract

The bank credit is given to creditors based on a credit contract, but the billing usually does not run smoothly according to the contract Sometimes the Bank has to take the risk and attempt to mitigate it by selling the mortgage for settling the debt. In practice, it is not uncommon for the Bank as the seller of the auction objects not to fulfill the requirement of auction. The research problems are how about the aspect of illegal offense in a foreclosure sale of credit collateral between a debtor and a creditor, how about the juridical analysis in determining the limit value of auction objects according to the auction operational manual. how about the element of illegal offense in KPR credit according to the judge's legal consideration and the court verdict. This descriptive research employs the normative juridical research method and qualitative method. Normative juridical research refers to legal norms contained in the laws and regulations and court verdicts The result of the research shows that the case of illegal offense has been committed by the creditor in determining the auction limit value, the auction limit value should be done by independent assessors appraisers because a low limit value can violate the object owner, and harm debtors. Therefore, in the District Court Verdict No. 762/Pdt G/2018/PN Mdn the judge states that the act of each opposing party is an illegal offense (Onrechtmatige Daad), null and void, invalid. and legally defective in auction minutes since it is not in accordance with the auction procedure