LEGAL PROTECTION OF THE DEBTOR AGAINST THE EXECUTION OF RIGHTS DEPENDENT ON U.S. CREDIT GUARANTEE OF BANKING INSTITUTION IN THE FACE OF AN ASEAN ECONOMIC COMMUNITY (AEC) (ANALYSIS OF THE DECISSION OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA NUMBER 803 K/PDT/2011)

Abstract

Free trade became the main feature of the ASEAN Economic Community (AEC) makes banks into one financial institution of interest people who want to apply for credit if it faces a shortage of venture capital. One of the guarantees that can be pledged to obtain the loan is through Mortgage. Under the provisions of Article 6 of Act 4 of 1996 on Mortgage stipulates that if the debtor's breach of contract, the rights holder dependents have the right to sell the object of Encumbrance on its own power through a public auction, and take repayment of the receivable from the sale, one through parate execution. However, the implementation of the execution parate often raises legal issues, as is the case in the Supreme Court ruling of the Republic of Indonesia No.1429 K / Pdt / 2011. Author of the issues raised is how does the legal protection that can be given to the debtor in the face of the execution encumbrance?This research a legal study with normative juridical approach, using primary and secondary legal materials that are eksplanative. Based research note pricing limit to one of the obstacles in the execution parate security rights. further research should be hold to find methods of legal protection for debtors but still provide legal certainty in the recovery debt.