Professional Documents
Culture Documents
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Mahasiswi Program Pascasarjana Magister Kenotariatan Universitas Sumatera Utara.
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DosenProgram Pascasarjana Magister Kenotariatan Universitas Sumatera Utara.
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Universitas Sumatera Utara
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terhadap tanggal jatuh tempo dan tanggal lelang serta kesalahan administrasi dari
pihak Perum Pegadaian sendiri dalam hal penyampaian surat pemberitahuan jatuh
tempo yang terkadang tidak sampai tepat pada waktunya. Biasanya masalah yang ada
diselesaikan secara musyawarah.
Keyword : Parate Eksekusi, Pegadaian
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Universitas Sumatera Utara
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ABSTRACT
Pawning Department (Pawnshop) is the only institution in Indonesia, an official
Pawnshop founded by the government, pledge in a pawnshop. Pawnshop differ in
Civil Code and Customary Law. If the debtor defaulted Pawnshop given the power to
do parate execution without going through court decisions. In addition Pawnshop
also has its own rules regarding the execution of different parate with other
guarantee agencies. In the implementation process of parate execution barriers that
usually arises is the lack of public awareness of the mature date and the date of the
auction as well as administrative errors of the Pawnshop.
The research in this thesis is analytical descriptive. The research is applied in
this research is a normative juridical approach, research that refers to the norms of
law, contained in laws and regulations relevant to the issues under study is then
connected to the data and the living habits amongst the people.
Pawn's in the Pawnshop is not the same with Pawns lien referred to the Civil
Code, but in the process of implementation, Pawnshop still refers to the Civil Code.
In the Civil Code Section 1155-1156 contains about 2 (two) ways to solve the
problem if a debtor is in default, that is with parate execution and through the
decision of the court, but in practice it is always used parate execution. Because it is
considered easier, cheaper, and not through a convoluted process. Parate execution
at Pawnshop Opp.2/67/5 and regulated in the Directors Circular Pawnshop
No.48/Op1.00211/2003. Parate execution process execution at the Pawnshop,
pawnshop done the execution by their own, not through the Office of Accounts
Receivable and Auction Service (KP2LN). Obstacles that arise in the implementation
of parate execution that comes from customers or from the Pawnshop, namely the
lack of public awareness of the mature date and the date of the execution as well as
administrative errors Pawnshop own party in terms of delivery of the notification
mature letter sometimes not come in time. Usually the problem is solved by
deliberation between the parties.