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Journal : Jurnal Cakrawala Hukum

Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan Natalia Maria Liju; Abdul Rachmad Budiono
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7095

Abstract

This study discusses what if it turns out that the object of the auction, when its obligations have been paid off by the buyer, is not appropriate? If there is a legal vacuum, then what can be done to protect buyer rights? This research was made in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is a statutory approach (Statute Approach) and a concept approach (Conceptual Approach). Auction is a direct public sale that has long been known in Indonesia. However, until now the legislation regarding auctions is very minimal. Auctions in Indonesia are still using the Vendu Regulation Number 1908 Number 189, and then directly regulated using the Regulation of the Minister of Finance such as Regulation of the Minister of Finance Number 27 of 2016 concerning Instructions for Auction Implementation. This has resulted in a legal vacuum in some matters regarding auctions. One of them is if the object of the auction submitted during the later delivery is not appropriate. Because this is not regulated in the existing laws and regulations, it results in legal uncertainty for the auction buyer.How to cite item: Liju, N., Budiono, R. (2021). Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan. Jurnal Cakrawala Hukum, 12(3), 303-313. doi:https://doi.org/10.26905/idjch.v12i3.7095.
Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu Hartina Ruth Manora; Abdul Rachmad Budiono; Endang Sri Kawuryan
Jurnal Cakrawala Hukum Vol 13, No 1 (2022): April 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i1.7096

Abstract

This study aims to determine the position of the minutes of auction minutes after 30 years and the authority of the Auction Officer after the minutes are kept for 30 years. The Minutes of the Minutes of Auction Deed are authentic deeds and have perfect evidentiary power for the parties. In Article 92 paragraphs (3) and (4) of the Regulation of the Minister of Finance (PerMenKeu) Number 27/PMK.06/2016 concerning Auction Implementation Guidelines, it is stated that the minimum period of storage for the Minutes of Auction Deed is 30 years. The position of the minutes of auction minutes that have been kept for 30 years or more, if it is related to the juridical age of the authentic deed, then the position of the minutes of the auction minutes that have been kept for 30 years remains valid as legal evidence. Minutes of Auction made by the Class II Auction Officer are kept at the Class II Auction Officer's Office for 30 years so that the Class II Auction Officer is authorized to make a copy/quote/Grosse after 30 years and is not liable for the minutes of the auction minutes. In terms of enforcing the rights of the parties concerned and requiring the Minutes of Auction that have been kept for 30 years, the parties concerned may take legal action by submitting a request for a court order.How to cite item: Manora, H., Budiono, A., Kawuryan, E. (2022). Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu. Jurnal Cakrawala Hukum, 13(1), 96-106. DOIhttps://doi.org/10.26905/idjch.v13i1.7096.