Ludevikus Limdianda (2020) Tanggung Jawab Kantor Lelang (KPKNL) Dan Bank Atas Timbulnya Gugatan Dari Pihak Lain (Ahli Waris) Selaku Pemilik Jaminan Dalam Lelang Eksekusi. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

In A Lending And Borrowing Agreement As In The Credit Agreement, The Creditor Is The Party Providing The Loan And For This Reason Has A Loan That Can Be Collected In Front Of The Court, Whereas The Debtor Is The Party Who Received The Loan And Has Debt Due To The Agreement And The Debt Can Be Collected Before The Court As Well, Therefore The Debtor Has The Obligation To Repay The Loan To The Creditor Along With The Agreed Interest. As For These Reasons The Creditor Will Ask For A Collateral Object That Can Be Used To Protect The Interests Of The Creditor In Carrying Out The Loan Agreement. Collateral In A Credit Agreement Works To Guarantee The Creditor Gets His Rights In The Agreement If The Debtor Fails To Fulfill His Obligations. The Collateral Will Be Executed Which Is Generally Through An Auction Assisted By The Auction Office In Selling The Object Of Collateral Through The Auction And Then The Proceeds From The Auction Sale Will Be Used To Meet The Debtor's Obligations To The Creditor. In Reality, Not All Execution Auctions Run Smoothly Without A Hitch Until The Agreement Is Completed, One Of The Examples Is Due To Claims Arising From The Debtor Itself Or Other Parties, Which In This Study Are Heirs, Who Feel Disadvantaged Because The Parties Concerned Have An Interest In The Collateral Object That Has Been Auctioned Off. The Lawsuit Will Usually Be Filed Against The Creditor And The Auction Office, Even Though The Auction Office Only Helps Carry Out The Auction And Carry Out Its Authority As Stipulated In The Legislation.

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