PELAKSANAAN PARATE EKSEKUSI HAK TANGGUNGAN MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 1996 DI KOTA SEMARANG

Abstract

Going into effect of Law No.4 Year 1996 about Responsibility Rights for Land and also object related to land which go into effective on 9 April 1996 have given the fresh wind for banking institute in Indonesia. One of characteristic from Responsibility Rights is the easy and certain execution. However Practice of Amenity and certainty in executing responsibility rights still difficult to be done. This thesis study two problems, that is how the implementation of Parate Execution of Responsibility Rights pursuant to Law No. 4 Year 1996 at town of Semarang and all kind of constraints that been faced in implementing the Parate Execution itself. Research conducted at town of Semarang, by taking research place atGovernment Bank that is PT.BRI ( Persero) Pandanaran, Private National Bank that is PT.Bank Muamalat Indonesia Tbk, The Receivable Service and State Auction Office, and District Court. Method used by is yuridical empiric approach method and analysed qualitative. From research result found that the implementation of Responsibility Rights at Private Bank in this case PT. Bank Muamalat Indonesia Tbk done by raising summons at District Court henceforth Chief of Court give the stipulating of the Responsibility Rights execution henceforth auction of responsibility rights through The Receivable Service and State Auction Office. While, Parate Execution at PT Bank Rakyat Indonesia(Persero) can be done with two option that is execution pursuant to Law No.49 Prp.Year 1960 and Law No.4 Year 1996. However at PT.BRI ( Persero) generally conduct to execute pursuant to Law No.49 Prp Year 1996 by the reason that the receivable at government bank represent the receivable of state and the rules concerning Parate Execution in Law of Responsibility Rights still confused. Nevertheless, enabled to do the Parate Execution pursuant to Law Number 4 Year 1996. Constraints faced in implementing Parate Execution of Responsibility Rights is concerning difference interpretation about Fiat/ stipulating of Chief of Court in Parate Execution implementation, Guarantee object of responsibility right Depletion and claim to the Responsibility Rights Auction implementation.