MEREFORMASI KONSEP PARATE EXECUTIE TERHADAP OBJEK HAK TANGGUNGAN YANG MENJAMIN KEPASTIAN HUKUM, KEADILAN, KEMANFAATAN

Abstract

One way to enforce a debt security is through parate executie, which involves selling
the debtor’s mortgage under their own power without obtaining a fiat from the Chief Justice. In
practice, parate executie does not meet the legal requirements, as it isi considered an un lawfull
act. Consequently, creditors are deprived of convenience, legal certainty, justice and benefits. This
study aims to reform the concept of parate executie for mortgages, which provides legal certanty,
justice and benefits for creditors.
This study primarily employs normative legal research methods, empolying a statute
approach and a case approach.
The finding indicate that the obstacles to emplementing parate executie are objective
weaknesses, namely inconsistent statutory provisions and inconsistent interpretations of parate
executie implementation, which subsequently lead to court decisions, jurisprudence, and the
supreme Court’s circular letter (SEMA) requiring execution by court fiat. The next obstacle is the
subjective weakness, namely that creditors often do not immediately collect debts so that the
amount of debt is getting bigger, and the next subjective weakness is the frequent resistance from
the debtor. That is whay there is a need for a reforms of the concept of parate execution of
mortgage rights on land based on the values of legal certainly, justice and benefit which is carried
out by repositioning the main objective of implementing parate execution, namely providing
convenience for creditors throught the placement and fulfillment of the rights and obligation of the
parties as the main objective, as well as revitalizing the legal aspect through synchronization of
statutory regulations, and fulfilment of implementing regulations.