EKSEKUSI HAK TANGGUNGAN BERDASARKAN TITEL EKSEKUTORIAL (STUDI KASUS TERHADAP PENETAPAN PENGADILAN NEGERI JAKARTA BARAT NOMOR : 130/1999 EKS. JO. 512/1998-1999)

Abstract

In running its business, the private sectors often having experiences of lacking capital, the way to obtain the capital is by applying credit to the banks. It has been the stipulation that in giving credits subject to the existance of collateral binding or guarantee. By the existance of the collateral, hence the creditor will have legal certainty that its account receivables will be paid in full. This research will discuss about the execution practice of Responsibility Rights based on the Executorial Title in the case of Verdict of District of Justice of West Jakarta Number 130/1999 Eks. Jo. 512/1998-1999 and the comparison of execution based on Executorial Title in according to Responsibility Rights Law with the case that occurs in the Verdict of District of Justice of West Jakarta Number 130/1999 Eks. Jo. 512/1998-1999. This research is analitical descriptive, by normative juridical approach, data gathered through literature and field researches as the support. The data are analyzed qualitatively. From the result of the research, it is concluded, that Responsibility Right Execution based on Executorial Title in the case of the Verdict of District of Justice of West Jakarta Number 130/1999 Eks. Jo. 512/1998-1999 does not run in according to the stipulation of Responsibility Rights Law because the existance of protests conducted by the creditors. After passing various justice process for almost seven years, bercause of the existance of protests and sues from debitor parties that are not satisfy for execution stipulation from the justice hence the new execution can be enforced after the issuance of Supreme Court Re-Sighting Decision of Indonesia Number 195 PK/Pdt/2004 and Verdict of District Justice of West Jakarta Number 129/PDT.G/2005/PN.JKT.BAR that won the creditors and there are difference in the Responsibility Rights execution practice based on Executorial Title in the case of Verdict of District of Justice of West Jakarta Number 130/1999 Eks. Jo. 512/1998-1999 compared to the execution practice based on Executorial Title arranged in Responsibility Rights Law, besides that Responsibility Rights execution based on Executorial Title in the case of Verdict of District of Justice of West Jakarta Number 130/1999 Eks. Jo. 512/1998-1999 is not in according to execution based on Executorial Title arranged in Responsibility Rights Law, because of the existance of protests, and the unfulfillment the easy and certain principles in the enforcement of its execution.