Dualism of the execution of property guarantees in dispute resolution practices in district courts

A study of the decline of effectiveness and usefulness of the law

Abstract

The position of the court is very important in economic development, especially in providing legal certainty in resolving economic disputes such as credit and banking guarantees. This is in accordance with the constitutional basis for the development of Indonesian economic law. From the philosophy that has always been an initial study of how the function of the court as a judiciary is the same as the power of the Executor or adjudicating plus the executor, is this not excessive overhead? Do these two functions make it easier for the court to carry out fiat execution or make it increasingly difficult to carry out fiat execution? Execution of material collateral is the peak of resolving collateral disputes in court, execution is an effort to force the implementation of the judge's decision. The law of collateral is applied in providing both banking and non-bank financial institutions. Related to the credit provided by this institution, it becomes a means of economic growth for the people because the provision of business capital credit with a collateral system is one form of material rights to guarantee debt repayment. The object is the Mortgage Law UUHT Number 6 of 1996 which is the question of how the effectiveness of the law and the legal benefits of the dualism of execution, By using a normative legal research model and empirical studies in several district courts in North Sulawesi, this research was conducted. The results of the study show that there are differences between fiat execution and parate execution, both in terms of legal effectiveness, legal benefits and legal certainty, it turns out that parate execution is better and faster in realizing the three things above.