Implementation of Fiat Execution on Objects of Liability Rights as a Result of Default at KSPPS Anugerah Temanggung

Abstract

Sharia economic law in Indonesia is experiencing dynamics in solving the problems of its people, especially related to sharia economic disputes. The long process of the judiciary in examining and deciding sharia economic cases is a challenge for the world of justice to then innovate to create faster and more effective means of proceedings through what is called small claims court or commonly called simple claims through Supreme Court Regulation (PERMA) No. 2 of 2015 jo PERMA No. 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits and PERMA No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic Disputes. This research aims to analyze the efforts of KSPPS Anugerah Temanggung and analyze the implementation of fiat execution of mortgage rights that experience default at KSPPS Anugerah Temanggung. The research method used in this research is a normative legal research type. The theoretical approach taken is to use the theory of legal certainty and the theory of responsibility, as well as various other relevant legal theories in supporting a proper analysis of the implementation of fiat execution. The results of this research are procedures for resolving defaults on KSPPS Anugerah Temanggung murabahah contracts 1). Provide a warning letter, 2). Extension of financing, the remaining outstanding principal margin at that time is extended according to the member's ability and according to the agreement without any additional costs, 3). Family approach to executing collateral, 4). Providing a Delay Warning Letter (SPKT) with a period of two weeks, 5). Warning Letter (SP1) with a period of two weeks, 6). Warning Letter (SP2) with a period of one month, 7). Warning Letter (SP3) with a period of one month, 8). Severe Warning Letter (SPK), 9). Selling collateral by members selling through or to KSPPS at the agreed market price, and 10). Legal Route (Court or arbitration body). And the stages of Fiat execution of mortgage rights objects as a result of default at KSPPS Anugerah Temanggung are 1). Application for execution of mortgage rights, 2). Examination of auction files, 3). Aanmaning Session, 4). Confiscation of execution, 5). Execution auction, and 6). Emptying.