Sari Asmaul Husna
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Perlindungan Hukum bagi Pembeli Lelang atas Objek Lelang Eksekusi Hak Tanggungan yang Tidak Dapat Dikuasai : Studi Putusan Pengadilan Nomor 93/Pdt.G/2023/PN Kdi Sari Asmaul Husna
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 3 (2026): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i3.1846

Abstract

The execution auction of Mortgage Rights is a legal mechanism that enables creditors to recover outstanding debts by selling collateral through a public auction. Purchasers who acquire auctioned property in good faith are entitled to legal protection over their ownership rights. However, in practice, many auction purchasers face difficulties in obtaining physical possession of the property due to continued occupation by previous owners or competing ownership claims. This issue is reflected in District Court Decision Number 93/Pdt.G/2023/PN Kdi. This study aims to analyze the legal protection available to purchasers of Mortgage Rights execution auction property that cannot be physically possessed. The research employs a normative legal method using statutory and case approaches, with qualitative analysis of relevant legal materials. The findings indicate that purchasers who lawfully acquire auctioned property and act in good faith are entitled to preventive and repressive legal protection through both non-litigation and litigation mechanisms. In District Court Decision Number 93/Pdt.G/2023/PN Kdi, legal protection was realized by recognizing the auction purchaser as the lawful owner, affirming the validity and binding legal force of the Minutes of Auction, rejecting claims inconsistent with the purchaser’s rights, and ordering the vacating and surrender of the property. The study concludes that effective legal protection is essential to ensure that auction purchasers obtain not only legal recognition of ownership but also actual possession of the auctioned property, thereby strengthening legal certainty and justice in the execution of Mortgage Rights auctions.