PELAKSANAAN LELANG HAK TANGGUNGAN PADA BANK BNI SYARIAH KANTOR CABANG MEDAN

Abstract

Abstract

Financing provided by the Bank does not rule out the possibility of causing various consequences such as: sluggish payment, special attended payments and even congested payments. Therefore, before financing is provided, the Bank will definitely ask for guarantees to the recipient of the financing, with the aim that the financing provided can be returned based on the agreement between the Bank and the recipient. The binding of Underwriting Rights is one of the guarantee institutions that can be carried out with various land rights as regulated in the Basic Agrarian Law (BAL) such as Ownership Rights, Building Rights and Cultivation Rights. The law Number 4 of 1996 concerning Underwriting Rights to Land Article 6 states that the first Underwriting Right holder has the right to sell provided guarantees through the Underwriting Right guarantee institution on his own authority through a public tender method. Because of this, the financing provider or the Bank can directly conduct an auction to the collateral for financing provided by the recipient. This study aims to find out how Medan Branch Office of PT. Bank Negara Indonesia Syariah conducts an auction of provided collateral items if the financing is congested. The auction conducted by the State Property and Auction Service Office (KPKNL) is the last solution if between the financing provider (Bank) and the recipient of the financing does not find a solution by means of deliberation and consensus. There is the issuance of the Finance Minister’s Regulation Number: 93 / PMK.06 / 2010 of 2010 concerning the Implementation Guidelines for Auction as the latest auction regulation that is currently in effect. Therefore, if an auction occurs at Medan Branch Office of  PT. Bank Negara Indonesia Syariah, it is conducted by the State Property and Auction Service Office (KPKNL) according to the Finance Minister’s rule.Keywords: auction, mortgage rights.