THE IMPLEMENTATION OF UNREGISTERED COLLATERAL EXECUTION RELATED TO VERDICT NO. 59/PDT/BTH/2005/PN.BGR

Abstract

Cessie is one of the procedure to transfer the receivables to other creditors. This research is about the dispute of collateral execution with transfer of Hak Tanggungan between Multitrade Development Ltd as Cessie Holder with CV. Delima Jaya as ex debtor of PT Bank BRI. This research aims to analyze the implementation of land execution in case No. 15/Pdt/Eks.Akta/2003/PN.Bgr which attached by Hak Tanggungan related with the case No. 59/Pdt/Bth/2005/PN.Bgr based on the provision in Article 20 paragraph (1) Law No. 4 Year 1996 as well as the law enforcement process regarding the mortgage that obtained from Cessie as stated in article 16 paragraph (2) Law No.4 Year 1996 related with the case No. 59/Pdt/Bth/2005/PN.Bgr. This research used juridical normative method as the author utilizes literature sources of Hak Tanggungan as well as its legal instrument. The data for this reserach were collected from primary sources which is a direct interview with Bailiff in Bogor District Court as well as the secondary data such as secondary data such as text books, internet literature, journals, law and regulations, thesis and other literature sources. This research showed that unregistered collateral cannot be executed because Cessie is not eligible in registration so that Law No. 4 Year 1996 of Hak Tanggungan cannot be applied as it should be.