Eksekusi Terhadap Permohonan Pelaksanaan Lelang Obyek Hak Tanggungan Oleh Kantor Pelayanan Kekayaan Negara dan Lelang (KPKNL) Surakarta (Studi Kasus Putusan Nomor.180/Pdt.G/G/2016/ PN/ Skt)

Execution of Mortgage Parate Execution is a law enforcement effort given by the State by granting Rights to Guarantee Holders who experience Default from their Debtors or fail to pay. The goal is that the rights of the Creditor or Guarantee Holder are still obtained with the legal protection provided by the applicable law. The main goal is to return the assets that the creditor initially gave to the debtor with the hope of returning it as expected. The execution of the Mortgage is carried out by auctioning the Mortgage that has been given by the Debtor at the beginning of the agreement as a form of guarantee if the Debtor fails to pay under all conditions. Which is done without having to use a Court Decision based on Article 6 of the Mortgage Law, the creditor has the right to sell the collateral by way of auction, one of the institutions that implements it is the KPKNL, this is done so that the creditor does not suffer a loss because it is included in the obligations of the the debtor to pay it off based on the agreement from the beginning. One of them is in the case in Decision Number 180/Pdt.G/G/2016/PN/Skt, in which the debtor cannot pay so that his SHM which is used as collateral is auctioned by the creditor through the Surakarta KPKNL institution where the implementation procedure has been regulated in PMK No. 213/PMK/05/2020 regarding Auction Implementation Guidelines. This is done by the Creditor in order to return assets that cannot be returned by the Debtor in the Agreement, which in its implementation there are many obstacles that are passed because the Debtor himself does not want to just release the Guarantee for free even though it is indeed the fault of the Debtor himself so that resistance is carried out by the Debtor. to save the collateral assets it owns