PROSEDUR PARATE EKSEKUSI HAK TANGGUNGAN DAN UPAYA HUKUM APABILA DEBITUR MENOLAK MENGOSONGKAN OBJEK HAK TANGGUNGAN (STUDI PADA KPKNL KOTA MALANG DAN BANK OCBC NISP KOTA MALANG)

The research conducted by the author focuses on the procedure for implementing the Parate Execution of Mortgage Rights and the efforts that can be made if the debtor refuses to vacate the object of Morgage Rights. Not only that, the author also feels the importance of discussing the settlement of bad debts before the implementation of the Parate Execution of Morgage Right. The purpose of this paper is to find out how the Parate Execution process is appropriate and applied in its implementation in real terms, and what kind of legal effort that can be made if the debtor refuses to vacate the object of Mortgage Rights. The method used in this writing is empirical juridical. Data collection is carried out through the field such as observations and direct interviews with the parties concerned. The resource persons in this writing are KPKNL in Malang City and OCBC NISP Bank in Malang City. The results of the research are in the form of certainty related to the procedure for implementing auctions and legal remedies that can be carried out if the debtor refuses to vacate the object of Mortgage Rights. The final results of the study can be concluded that the Parate Execution procedure goes through 3 stages, namely pre-auction, auction and post-auction and requesting the a court order to be one of the most effective legal efforts in solving problems in emptying Mortgage objects