Research Article
Legal Protection of the Auction Winner in Parate Executie: A Juridical Analysis of the Execution of Mortgage
@INPROCEEDINGS{10.4108/eai.4-11-2022.2329678, author={Landors Andika Lumban Tobing and Siti Malikhatun and R. Suharto}, title={Legal Protection of the Auction Winner in Parate Executie: A Juridical Analysis of the Execution of Mortgage}, proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICOSTELM}, year={2023}, month={9}, keywords={auction execution mortgage execution default}, doi={10.4108/eai.4-11-2022.2329678} }- Landors Andika Lumban Tobing
Siti Malikhatun
R. Suharto
Year: 2023
Legal Protection of the Auction Winner in Parate Executie: A Juridical Analysis of the Execution of Mortgage
ICOSTELM
EAI
DOI: 10.4108/eai.4-11-2022.2329678
Abstract
The formulation of the problem raised in this study is whether the executable parate auction process for the execution of mortgage rights in the Dwikora Paruntungan case is legal and what is the form of legal protection for the auction winner.The approach method used is normative juridical with research specifications descriptive analysis Sources and types of data using secondary data. The data collection method is done through a literature study using data analysis methods. The results of the study indicate that, generally speaking, the regulation regarding the auction has been stipulated in the regulation of the Ministry of Finance, in which one party conducting the auction is the Indonesian Auction Center and the State Property and Auction Office (Kantor Pelayanan Kekayaan Negara dan Lelang/KPKNL). In principle, KPKNL may not refuse an auction application submitted as long as the tender requirement documents are complete and fulfil the Formal Legality of the Subject and Object of the Auction. KPKNL has the authority to hold all types of auctions at the seller’s request. However, in reality, there are currently many online auction procedures that do not follow these regulations. Therefore, a form of legal protection is needed for the auction winner, divided into preventive legal protection (prevention) and repressive legal protection (imposing sanctions).