PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG HAK TANGGUNGAN YANG TIDAK DAPAT MENGUASAI OBJEK LELANG
Auction winners on mortgages should have been protected by positive Indonesian law governing auctions, namely Vendu Reglement, HIR, and PMK Number 213/PMK.06/2020 concerning Amendments to PMK Number 27/PMK.06/2013 and PMK Number 93/PMK .06/2010 concerning Auction Implementation Guidelines. However,...
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2022-01-11.
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| Summary: | Auction winners on mortgages should have been protected by positive Indonesian law governing auctions, namely Vendu Reglement, HIR, and PMK Number 213/PMK.06/2020 concerning Amendments to PMK Number 27/PMK.06/2013 and PMK Number 93/PMK .06/2010 concerning Auction Implementation Guidelines. However, in practice, what often becomes a problem in auctions occurs when the debtor does not want to release or vacate his assets, resulting in the auction winner not being able to control the auction object he has purchased. As a result of this, the auction winner gets material and immaterial losses. This study aims to identify and analyze the form of protection for the auction winner, as well as the role of the government in providing legal protection and legal certainty to the auction winner. This research method is carried out using normative juridical. Legal certainty for the auction winner is based on the quotation from the auction minutes owned by the auction winner, so that the auction winner has the right to control the auction object. The legal protection given to the auction winner is preventive and repressive. The preventive legal protection given to the auction winner is a preventive legal protection. The parties must pay attention to and ensure that the required documents and the implementation of the auction are in accordance with the applicable laws. While the repressive legal protection given to the auction winner is the legal protection provided through the judiciary in the event of a dispute or lawsuit over the object of the auction. |
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| Item Description: | http://repository.upnvj.ac.id/15606/3/ABSTRAK.pdf http://repository.upnvj.ac.id/15606/4/AWAL.pdf http://repository.upnvj.ac.id/15606/5/BAB%201.pdf http://repository.upnvj.ac.id/15606/15/BAB%202.pdf http://repository.upnvj.ac.id/15606/7/BAB%203.pdf http://repository.upnvj.ac.id/15606/8/BAB%204.pdf http://repository.upnvj.ac.id/15606/9/BAB%205.pdf http://repository.upnvj.ac.id/15606/10/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/15606/11/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/15606/12/LAMPIRAN.pdf http://repository.upnvj.ac.id/15606/13/HASIL%20PLAGIARISME.pdf http://repository.upnvj.ac.id/15606/14/ARTIKEL%20KI.pdf |