I Gde Agustyke Trinawindu, Dr. Hirsanuddin, Dr. Muhammad Sood

Abstract:

The purpose of this thesis research is to analyze the legal strength of the Certificate of Mortgage right related to the Decision of the Religious Courts of Praya Number 0479 / PDT.G/2012/PA.PRA and to analyze the legal remedy of the Bank in handling the settlement of credit as a result of the Decision of the Religious Courts of Praya Number 0479 / PDT.G / 2012 / PA.PRA. The type of research used in this study is normative legal research with field data as supporting data. “Normative legal research is done by researching the literature and also called bibliography legal research” with field data as supporting data, with the approach used in this research are: Statutory Approach, Concept Approach, Approach Analytical (Analytical Approach, Case Approach).

The result of research on the strength of mortgages on behalf of PT. BPR Mitra Harmoni Mataram Number 220/2016, already has the power of executorial based on the legal principle of lex specialis de rogat legi generalis, with attention to laws that specifically regulate the mortgage namely Law no. 4 of 1996 on the Rights of the Land on Land and Land-related Objects. However, in the verdict of the Religious Courts of Praya No. 0479 / PDT.G/2012/PA.PRA is also very precise based on the considerations of the judge that in essence that the object has not been divided so that after the inheritance of the object is not a part or property of L. Teges debtors) At PT. BPR Mitra Harmoni Mataram, so that anything related to the object or arising on the object before being inherited void by law or not applicable. The Bank’s Legal Efforts in resolving the mortgages executed by a priesthood court should the Bank in the event of a dispute to commit an intervention / resistance suit when a plaintiff’s case with a defendant is under trial by the judge and has not been ruled. And the denden verzet suit which in principle is a lawsuit of a resistance filed by a third party who from the beginning did not become a party in the case that is being disputed by the plaintiff with the defendant before the Court, but then suddenly the concerned feels attacked by his interests and ownership, then the Civil Procedure Law of Indonesia has prepared the rules of its settlement procedure either through the articles of law or practice which have been applied before the Court. While the effort to settle the credit with the guarantee of mortgage through credit restructuring, mediation of kinship and mediation of District Court.

Keywords: court decision, legal force, certificate of mortgage

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