Syamsul -
Universitas Muhammadiyah Palembang

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Perlindungan Hukum Bagi Pemenang Lelang Yang Barangnya Masih Dimiliki Debitur: PERLINDUNGAN HUKUM BAGI PEMENANG LELANG YANG BARANGNYA MASIH DIMILIKI DEBITUR Syamsul -; Ismail Pettanase; K.A. Novianysah; Muhammad Adi Saputra
Legalita Vol 5 No 1 (2023): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

An auction is a sale of goods open to the public with an increasing or decreasing written and/or oral price offer to reach the highest price preceded by an auction announcement. The auction is held openly and there is no priority among the bidders or bidders. The problem that occurs in the community in the banking world is that the debtor is not the owner of the guarantee so that if the debtor defaults the Auction Center finds it difficult to auction the execution of the mortgage object. Even though the collateral owner signs the deed of granting the mortgage right which has been registered at the land agency office, so that the auction winner cannot take possession of the auction object. The legal research method used is normative-empirical (applied) examining the use of positive legal provisions (legislation) and factual clauses in every legal phenomenon that occurs in society with a predetermined goal. Auction winners are given security and legal protection. The auction seller has a legal obligation to uphold the rights of the winning bidder. The pre-auction and post-auction implementation of the regulations reflect this.
Kepastian Hukum bagi Warga Negara melalui Peran Pejabat Umum dalam Sistem Ketatanegaraan Indonesia : Legal Certainty for Citizens through the Role of Public Officials in the Indonesian Constitutional System Abdul Jafar; Yonani; Heni Marlina; Syamsul; Sarah
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.5

Abstract

This study aims to analyze the position of public officials within the Indonesian constitutional system and to examine the consistency of regulations governing their authority in ensuring legal certainty for citizens. This research employs a normative juridical approach using statutory, conceptual, and limited case approaches. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 30 of 2004 on the Office of Notary, and Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The findings indicate that constitutionally, public officials function as state instruments exercising public authority to ensure legal certainty. However, the regulation of public officials’ authority across various sectoral laws remains fragmented and potentially creates legal uncertainty. Therefore, regulatory harmonization and strengthened oversight mechanisms are essential to ensure that public officials effectively protect citizens’ constitutional rights within Indonesia’s rule of law framework.