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Kepastian Hukum atas Akta Risalah Lelang yang Dibuat Oleh Notaris Selaku Pejabat Lelang Kelas II yang Cacat Hukum Prosedural Sulkifli Sulkifli; Yudha Cahya Kumala; Permata Nauli Daulay
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 2 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i2.2043

Abstract

This study examines the issue of procedural legal defects in auction minutes deeds prepared by notaries acting as Class II Auction Officials, which often lead to legal uncertainty and potential losses for the parties involved. The objective of this research is to analyze preventive measures against such procedural defects and to assess the extent of legal certainty of the resulting deeds. This research employs a normative juridical method based on secondary data, utilizing statutory, case, conceptual, and analytical approaches. The study is grounded in Jan Michiel Otto’s theory of legal certainty and Paul Klemperer’s auction theory. The findings indicate that preventing procedural defects requires a comprehensive four-layer model consisting of regulatory harmonization, professional capacity building of notaries, the implementation of technology-based auction systems, and consistent supervisory mechanisms. Furthermore, the level of legal certainty of auction minutes deeds depends on the severity of the procedural defects, which can be classified into three categories: severe defects rendering the deed null and void, moderate defects making it voidable, and minor defects that do not affect its validity. Regulatory inconsistencies and weak supervision are identified as the main factors contributing to legal uncertainty.
AKIBAT HUKUM PENJUALAN OBJEK LELANG EKSEKUSI HAK TANGGUNGAN DIBAWAH NILAI WAJAR DALAM PERSPEKTIF KEPASTIAN HUKUM Rahim Rahim; Yudha Cahya Kumala; Dedy A. Prasetyo
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2985

Abstract

The execution auction of mortgaged property is intended to ensure legal certainty for creditors, debtors, and auction purchasers. Nevertheless, in practice, auctioned assets are frequently sold below their fair market value, potentially causing losses to debtors and raising legal issues concerning the legal consequences of such sales and the extent of legal certainty afforded to the parties involved. This research examines the legal consequences arising from the sale of auctioned property below its fair market value and assesses the legal certainty governing such transactions. The study is grounded in Jan Michiel Otto’s Theory of Legal Certainty and Soeroso’s Theory of Legal Consequences as the principal analytical frameworks for evaluating the realization of legal certainty, justice, and legal protection. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research. The legal materials were identified, classified, and analyzed by applying methods of legal interpretation and legal construction to formulate comprehensive legal arguments concerning the issues under examination. The findings indicate that the sale of auctioned assets below their fair market value does not, in itself, invalidate the auction, provided that the auction has been conducted in accordance with the applicable legal provisions. Conversely, where the determination of the reserve price or the auction process is carried out in an arbitrary, non-transparent, or otherwise unlawful manner, the aggrieved party is entitled to pursue available legal remedies. These findings are consistent with Jan Michiel Otto's Theory of Legal Certainty, which emphasizes the consistent application of legal norms, and Soeroso's Theory of Legal Consequences, which holds that any violation of legal provisions gives rise to juridical consequences. Accordingly, legal certainty in auction proceedings depends not only on compliance with procedural requirements but also on the establishment of an objective, transparent, and proportionate reserve price to ensure balanced legal protection for all parties involved..
KEPASTIAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK AWAL TERHADAP TUMPANG TINDIH PENERBITAN SERTIFIKAT MELALUI PTSL Sony Hanata Hary; Yurisa Martanti; Yudha Cahya Kumala
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2990

Abstract

Land disputes, particularly those involving the overlapping issuance of land title certificates, remain a problem in land registration in Indonesia. The Complete Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap/PTSL), based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018, aims to provide legal certainty and legal protection. However, in practice, PTSL certificates are still found to overlap with previously issued Certificates of Ownership (Hak Milik), thereby creating legal uncertainty for holders of the original certificates. The research questions in this thesis are: how are disputes over the issuance of overlapping Certificates of Ownership resolved, and how is legal certainty provided to holders of original Certificates of Ownership in relation to the issuance of PTSL certificates? This research employs Rachmadi Usman's theory of dispute resolution and M. Yahya Harahap's theory of legal certainty. The research method used is normative juridical research, namely legal research conducted through a literature study based on primary, secondary, and tertiary legal materials. The research approaches used are the statutory, conceptual, analytical, and case approaches. The collection of legal materials was conducted through the identification and inventory of positive legal regulations, books, journals, and other legal sources. The analysis of legal materials was carried out using grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that disputes over overlapping Certificates of Ownership resulting from PTSL can be resolved through mediation at the Land Office/National Land Agency (BPN) or through litigation before the Administrative Court (PTUN) or the District Court, according to their respective jurisdictions. Based on Rachmadi Usman's theory of dispute resolution, settlement emphasizes Alternative Dispute Resolution (ADR), such as negotiation, mediation, and conciliation, by prioritizing deliberation and agreement. Dispute resolution should be preceded by an examination of the validity of the issuance, including administrative procedures, ownership history, and the conformity of physical and juridical data. Furthermore, according to M. Yahya Harahap's theory of legal certainty, legal certainty requires clarity regarding the status, subject, and object of rights, as well as protection of rights lawfully acquired. The integration of these two theories shows that legal certainty for holders of original Certificates of Ownership is determined not only by the existence of a certificate, but also by the validity of the issuance process and the availability of effective dispute resolution mechanisms. If errors or administrative defects are found in the issuance of certificates through PTSL that prejudice the lawful holder of the right, legal remedies must be available to restore such rights. The researcher recommends that the Land Office/National Land Agency (BPN) improve the accuracy of physical and juridical data verification in the issuance of certificates through PTSL and optimize mediation and legal remedies to provide protection and restoration of rights for lawful holders of original Certificates of Ownership.