PERLINDUNGAN HUKUM BAGI DEBITUR DALAM PELAKSANAAN EKSEKUSI HAK TANGGUNGAN PADA KREDIT MACET KPR

Abstrak

The execution of mortgage rights (hak tanggungan) in Indonesia is a crucial mechanism for creditors to recover debts, particularly in cases of non-performing housing loans (KPR). However, the process often triggers legal disputes because of its potential to undermine the rights of debtors. This study examines the extent of legal protection available to debtors during the execution of mortgage rights, especially in relation to the determination of fair value in auctions and the role of state authorities. A normative legal research method was applied, using statutory, conceptual, and case-based approaches. The analysis focuses on the provisions of Law No. 4 of 1996 on Mortgage Rights, the Minister of Finance Regulation No. 213/PMK.06/2020 on Auction Implementation Guidelines, and relevant jurisprudence, particularly Supreme Court Decision No. 471 K/Pdt/2015. Findings reveal that while creditors are entitled to execute mortgage rights through auctions, debtors retain fundamental protections under the principles of fairness, transparency, and good faith. The case study demonstrates that the Supreme Court annulled an auction due to undervaluation of collateral, emphasizing the obligation of state officials to ensure fair pricing and prevent debtor losses. This reflects the balance between creditor rights to repayment and debtor rights to legal protection. The study concludes that the effectiveness of mortgage execution must not only provide certainty for creditors but also uphold substantive justice for debtors, aligning with constitutional guarantees of fairness in economic relations.

Keywords: mortgage rights, debtor protection, non-performing loans, auction, legal certainty