| dc.description.abstract | Practitioners and law upholders should honor and take notice in order to legal certainty factor that is contained in separated right of executional auction of mortgage object which is owned and viscous in secured creditor tightly and absolutely, according to the articles 6 and 21 of Mortgage Law as well article 55 verse 1 Bankruptcy Law, does not be remained unfulfilled by other legal products which are able to either revoke or suspend the separated right in doing the executional auction.
Nevertheless, the emersion of Regulation of Finance Minister Number 93/ PMK.06/ 2010 about implementational guidelines of auction article 24 and 27c that give probability to have revocation or suspension of executional auction if there is claim from the third party upon executional auction carrying plan. This Regulation of Finance Minister easily deviates the separated right that is owned by secured creditor.
The problem exposed in this research is: What can mortgage object be executed by secured creditor in case there is third party claim in bankruptcy process? The theoritical frameworks and concepts that underlying this research are principles and law-experts arguments of mortgage, logical ratio as well the spirit of making Mortgage Law in Indonesia that intends the legal certainty factor existence in Indonesia.
This research ended by one conclusion that executional auction of mortgage object which is carried out by secured creditor in bankruptcy process is not able to do revocation or suspension by the third parties claims, except if the third party is creditors who are specifically determined by Law (tax and customs duty), based on structured creditors principle in bankruptcy process. | en_US |
