ANALISIS YURIDIS EKSEKUSI PENJUALAN GADAI SAHAM SECARA DI BAWAH TANGAN (PRIVATE SALE)

Abstract

ABSTRACT JUDICIAL ANALYSIS OF SHARE SECURITY SELLING EXECUTION THROUGH PRIVATE SALE Creditor of pawning owner have authority to sell pawning good by private sale by asking judge mediator, although made within agreement. After that, judge will determine that pawning execution could implemented through private sale, with condition and definition determined by judge fairly. In this research the main problem which will studied was about, whether share security could implemented through private sale and if share securityy execution definition implemented by private sale must based on justice definition. This research could give contribution of knowledge, and give description clearly and detailed about share security execution by private sale. Research method used was judicial-normative. Normative method was literature study, it was research concerning secondary data. Research spesification used was such descriptive-analytical study. In this research, writer used judicial normative method, therefore data used was secondary data. Data analysis technique in this research was using qualitative analysis type. It's meant valued prevailed law and relatively have normative characteristic and to create the purpose of law. Pawning execution implementation through private sale could carried out, but must with judge mediator. This case as intended by Article 1156 KUHP. Judge will determined that pawning execution was implemented through private sale, with condition and definition determined by judge fairly. Therefore, creditor couldn't determined price arbitrarily. Share security execution definition implemented by private sale must based on justice defition and justice verdict. Therefore, private sale share security execution process will in line with Article 1156 KUHP. Parties that have other agreement was that share security without auction in general, must kept asked justice definition, therefore that private sale was legal. Private sale share security implementation decided by asked judge mediator, therefore wasn't deviate from essence of Article 1156 KU&HP. Besides that government must be made regulation specifically as soon as possible about share security execution implementation in order to ease and more assured legal certainty about share security execution implementation. Keywords: Normative study, share security, execution, private sale share security selling.