Creditor Rights on Rejection of Execution Request for Guarantee Rights by State and Auction Private

Abstract

Creditors' Rights Against Rejection of Requests for Guarantee Execution of Underwriting Rights by the Office of State Assets and Auction Services (KPKNL) in Surakarta. Faculty of Law, Sebelas Maret University, Surakarta. Credit agreement with Underwriting Rights guarantee, the creditor of the Underwriting Right has the right to precede other creditor (droit de preference) to take repayment from the sale of the object. The purpose of writing is to find out the cause of the State Property and Auction Service Office (KPKNL) to reject the application for guarantee execution for Underwriting Rights and the solution to the obstacles faced by creditors in the guarantee execution process for Underwriting Rights that are rejected by the State Property and Auction Service Office (KPKNL). Research Methods using empirical legal approaches.  Results of the study (1) The cause of the State Property and Auction Service Office (KPKNL) rejects the request for execution of collateral for Underwriting Rights The execution of guarantees, especially Underwriting Rights in this case cannot proceed smoothly. One of them is the rejected request for execution of Mortgage Rights by the Office of State Assets and Auction Services (KPKNL). Head of KPKNL or Class II Auction Officer in the Regulation of the Minister of Finance of the Republic of Indonesia Number 27 / PMK.06 / 2016. The solution so that the creditor can obtain his rights for the guarantee execution of Underwriting Right in Article 20 (2) the Dependents Rights Act with the agreement of the giver and the Underwriting Right holder, the sale of the Underwriting Right object can be carried out under the hand if it can thus be obtained the price highest that benefits all parties.