Aqilatu Inayatullatifah
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Batas Prinsip As Is dan Perlindungan Pembeli Beritikad Baik dalam Lelang Eksekusi Hak Tanggungan Aqilatu Inayatullatifah
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 4 No. 4 (2026): Oktober: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v4i4.6997

Abstract

This study examines the limits of the applicability of the as is principle in the execution auction of Hak Tanggungan and its implications for the legal protection of good faith auction buyers. The as is principle positions the auctioned object to be sold as it is at the time the auction is conducted. That principle limits the seller's liability for the physical condition of the auctioned object. In practice, auction disputes can in fact arise from juridical defects in the origin of ownership that originate from invalid legal acts, so that good faith buyers who have gone through the entire auction procedure still potentially suffer losses. This study uses a normative juridical method with statute and case approaches, then analyzed qualitatively. The results show that the as is principle applies only to the physical condition of the auctioned object and cannot be interpreted as a transfer of all juridical risk to the buyer. Its applicability is limited by the seller's liability for the validity of the auctioned object and for hidden defects, the principle of nemo plus iuris, and the buyer's good faith standard. Formally, buyers are protected through the minutes of auction, the principle of auction finality, and jurisprudence, but substantively they still risk losing the object if a court decision annuls the basis of ownership or the encumbrance of rights. Auction buyers are given preventive and repressive protection, including a compensation claim against the seller, but this does not eliminate that risk.