Legal Certainty Of Executing Fiduciary Security Rights Through Auction Without Court Approval A Study Of Supreme Court Decision No. 759k/Pdt/2024

Abstract

The execution of mortgage rights through auction without court approval is a parate executie mechanism regulated under Law Number 4 of 1996 on Mortgage Rights, which becomes the focus of this study through an analysis of Supreme Court Decision Number 759 K/Pdt/2024. The research employs a normative juridical method with statutory and case approaches. The findings indicate that Article 6 of the Mortgage Rights Law grants creditors the authority to conduct auctions without court approval in the event of debtor default. Legal certainty for creditors, debtors, and good-faith auction buyers can only be achieved when all stages of execution are carried out transparently, professionally, and in accordance with the applicable laws and regulations.