PERLINDUNGAN HUKUM BAGI PEMENANG LELANG EKSEKUSI HAK TANGGUNGAN YANG TIDAK DAPAT MENGUASAI OBJEK LELANG : (Studi Kasus Putusan No.3/PDT.G/2018/Pn.Lgs)

• Main Author: Christin Natalia Tambunan, (Author)
• Format: Book
• Published: Prodi Ilmu Hukum Fakultas Hukum Universitas Warmadewa, 2024-01-05.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/28724/1/2010611287_ArtikelKI.pdf
• Keywords: K Law (General)

The purpose of this study is to ascertain the judge's reasoning behind decision No.3/Pdt.G/2018/PN.Lgs about the removal of the auction items in addition to the manner in which legal safeguards are provided to the auction victor when the object poses a challenge to the master. If the debtor is shown to be in breach of promise and is no longer able to pay his obligations, the creditor will attempt to execute a mortgage by holding an auction and using the profits to pay off the debtor. However, in this context, problems often arise where auction winners face difficulties in taking over the auction object that they have purchased through an official auction process. The reason for this obstacle is the collateral owner's (debtor) refusal to transfer the auction item to the auction winner. With this background, research is needed on aspects of legal protection for auction winners related to the takeover of auction objects they have purchased. This research applies normative legal research methods by utilizing two approaches, namely legal regulation analysis and case studies. The study's findings suggest that, in cases where the auction winner finds it difficult to maintain control over the auction item, legal protective measures in the form of repression may be granted namely through an application for the execution of vacating the auction object to the local district court.