Execution of the Deed of Recognition of Mortgage Rights in the Mataram District Court

Abstract

This study aims to find out and analyze the interpretation of the law on the clause of their own power as referred to in Article 6 of the Mortgage Law. To find out and analyze the interpretation of the law regarding substitution prohibition clauses in the Power of Attorney Imposing Mortgage Rights as referred to in Article 15 paragraph (1) letter (b) of the Mortgage Rights Act. The method used is the normative method with a statutory approach and a case approach. Article 6 The Underwriting Right Act is also a binding force that if the debtor fails to promise, the first Underwriting Right holder has the right to sell the Underwriting Right object on his own power through a public auction, or in other words, both the power of the first Underwriting Right holder is included or not included in the Deed of Granting the Underwriting Right in question, still if the debtor has been proven to be in violation of the promise or default on the credit agreement, the first Mortgage Holder has the power or authority to sell the object of the Underwriting Right through a public auction mechanism through the District Court. This was reinforced by the Supreme Court Decision No. 3021 Date January 30, 1986. Who considers that the Execution Parate must go through Court Assistance according to the principles of procedural law.