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All Journal International Journal of Social Sciences and Humanities
Alfi Taufiq Asyidqi
Universitas Padjadjaran
Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Remedies for Auction Winners Based on Justice in the Mediation of Disputes over the Vacating of Mortgage Rights Objects Alfi Taufiq Asyidqi; Efa Laela Fakhriah; Etty Mulyati
International Journal of Social Sciences and Humanities Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/ijssh.v4i2.2947

Abstract

One form of security is mortgage rights, which may be executed through an auction when the debtor defaults. In practice, however, obstacles frequently arise when the debtor, as the party whose property is auctioned, continues to retain physical control over the auctioned object of mortgage execution, even though the proprietary right has been transferred to the auction winner. This study aims to analyze the legal remedies available to auction winners in resolving disputes concerning the vacating of auctioned objects under mortgage execution, as well as the application of the principle of justice in the mediation process for such disputes. This research employs a normative legal approach by examining secondary data as the primary legal material, supported by primary data obtained through interviews. The collected data are then analyzed using a qualitative juridical method. The most constructive legal remedy for auction winners in disputes over the vacating of objects subject to mortgage execution is to pursue mediation before the District Court. Although forced execution under Article 200 paragraph (11) of the HIR is legally possible, such a mechanism often imposes additional time and financial burdens on auction winners. The application of the principle of justice through mediation enables the voluntary and dignified transfer of physical control over the object, thereby producing substantive justice that balances the formal rights of auction winners with the factual circumstances of the auctioned party while preventing potential social conflict.
Co-Authors Efa Laela Fakhriah Etty Mulyati