Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Greenation International Journal of Law and Social Sciences
Ummi Maskanah
Universitas Pasundan, Bandung, Indonesia.
Law, Crime, Criminology & Criminal Justice Social Sciences

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

Found 1 Documents
Search

 1 
Reconstruction of Protective Clauses in Auction Minutes to Strengthen Legal Protection for Winners in Auctions of Receivables Secured by Mortgage Rights Iwan Supriyanto; Ummi Maskanah
Greenation International Journal of Law and Social Sciences Vol. 4 No. 4 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.1198

Abstract

This study analyzes the legal position and evidentiary scope of Auction Minutes in auctions of receivables secured by Mortgage Rights and formulates a protective-document framework for good-faith auction winners. The research addresses the gap between the formal authenticity of Auction Minutes and the limited preventive protection available when disputes arise concerning the validity, assignment, notification, registration, or enforcement of receivables. It employs normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed through grammatical, systematic, teleological, and prescriptive legal reasoning. The findings show that Auction Minutes primarily authenticate the conduct and result of the auction but do not independently establish the substantive validity of the receivable or automatically confer an effective creditor position on the winner. Effective protection depends on valid assignment, debtor notification, transfer of supporting documents, and registration of the Mortgage Right. The novelty lies in a differentiated framework that distributes protective provisions among Auction Minutes, auction terms, seller representations, assignment instruments, debtor-notification documents, and registration records. This framework clarifies responsibilities, allocates risks proportionately, preserves lawful debtor defenses, and strengthens preventive legal protection without granting absolute immunity to the auction winner.
Co-Authors Iwan Supriyanto