PERLINDUNGAN HUKUM BAGI DEBITUR PADA KASUS WANPRESTASI DALAM PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN

Abstract

The execution of Mortgage Rights (Hak Tanggungan) constitutes a crucial legal instrument for creditors to ensure the settlement of debts when debtors are in default. However, in practice, various legal issues arise in the implementation of such execution. These issues are not only related to the effectiveness of enforcement but also concern legal protection for debtors, especially with regard to auction notification, procedural transparency, and the enforcement of real execution in the form of vacating the mortgaged object. This condition raises questions as to whether the execution mechanism of Mortgage Rights has adequately reflected legal certainty and balanced legal protection for the parties involved. This research employs a normative legal research method using statutory and conceptual approaches. The data are derived from primary legal materials in the form of laws and regulations governing Mortgage Rights and auction procedures, secondary legal materials consisting of legal doctrines and scholarly opinions, and tertiary legal materials as supporting references. The analysis is conducted qualitatively by examining the legal norms regulating the execution of Mortgage Rights, including parate execution and real execution, as well as their implementation in practice. The results of this research indicate that the execution mechanism of Mortgage Rights has fundamentally provided legal certainty for creditors through the authority to conduct public auctions of the collateral object. Nevertheless, legal protection for debtors must remain guaranteed through orderly, transparent, and lawful procedures, particularly regarding auction notification and announcement requirements. Real execution in the form of vacating the mortgaged object constitutes an integral part of auction execution and serves to ensure legal certainty for auction winners. Therefore, the balance between legal certainty, justice, and legal protection for all parties is essential in the implementation of Mortgage Rights execution.