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p-Index From 2021 - 2026
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All Journal Journal Equity of Law and Governance International Journal of Law, Crime and Justice PALAR : Pakuan Law Review
Nengah Renaya
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Auction Procedures for Collateral Goods Owned by Pegadaian Customers (Case Study at Pt Pegadaian (Persero) Branch Mengwi) I Dewa Putu Andre Wiratama; I Nyoman Putu Budiartha; Nengah Renaya
Journal Equity of Law and Governance Vol. 3 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.3.1.6610.29-34

Abstract

The implementation of a sustainable economy will require a lot of funds, and credit institutions such as PT. Pegadaian (Persero) Mengwi Branch can provide a lot of these funds. This institution mainly conducts credit based on mortgage law, which makes it easier for borrowers without creating new problems for them after they provide loans. The problem: What is the procedure for carrying out an auction for collateral at PT. Pegadaian (Persero) Mengwi Branch? And what is the responsibility of PT. Pegadaian (persero) Mengwi Branch for loss or damage to collateral? This study uses empirical research methods. The results of this study indicate that the discussion of PT. Pegadaian (persero) Mengwi Branch gives absolute rights to customers in the event of an auction for collateral items, and PT. loss when the collateral is under the supervision of PT. Pegadaian (persero) Mengwi Branch. But if PT. Pegadaian (persero) Mengwi Branch is not responsible for its obligations, then it can be subject to administrative sanctions as stated in Article 60 UUPK.
Registration of Deeds of Encumbrance That Exceed the Time Limit in Badung Regency Kadek Ayu Rima Ratnasari; I Made Suwitra; Nengah Renaya
International Journal of Law, Crime and Justice Vol. 3 No. 1 (2026): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i1.916

Abstract

This study aims to analyze the registration of Deeds of Mortgage (APHT) that exceed the 7 (seven) day time limit in Badung Regency and the legal consequences that arise from this. The research uses empirical legal methods with a legislative, analytical, case, and legal sociology approach. Data was obtained through interviews with PPAT and the Badung Regency Land Office (BPN) as well as a study of secondary legal materials. The results of the study show that delays in APHT registration still occur both through the manual (offline) and electronic (HT-el) systems. The contributing factors include negligence or workload of PPAT, incomplete documents from the parties, administrative obstacles at the Land Office, and technical disruptions to the electronic system. Legally, delays do not invalidate APHT, but they delay the creation of mortgage rights because these rights only have legal force from the date of recording in the Land Registry. As a result, creditors do not obtain preferential rights and full legal protection before registration is carried out. PPATs who are late may be subject to administrative sanctions in accordance with official regulations. Based on the theories of utility, legal protection, and legal certainty, delays in APHT registration reduce the effectiveness of creditor protection and create potential legal uncertainty. Therefore, it is necessary to improve supervision and guidance for PPATs, as well as optimize the HT-el system to ensure legal certainty and protection in the practice of registering Mortgage Rights.
Legal Liability Of Defaulting Winners In Voluntary Auctions Komang Rama Agastya; Anak Agung Istri Agung; Nengah Renaya
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

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Abstract

Voluntary auctions under Minister of Finance Regulation (PMK) No. 122/PMK.06/2023 demand strong legal certainty and efficient procedures. A highest bidder's failure to pay within five working days constitutes default, triggering swift legal consequences. This normative study uses statutory and conceptual approaches to fill key research gaps unclear consequences for defaulting winners in voluntary auctions and ambiguous status of second-highest bidders. The novelty lies in analyzing norm conflicts between PMK's automatic sanctions (deposit forfeiture, award cancellation) and Civil Code (KUHPerdata) Article 1243 damage claims, providing fresh harmonization insights. Findings show defaulting winners lose auction approval and full Auction Bid Security Deposit (UJPL), split 50% to state revenue and 50% to sellers. PMK allows mitigations like re-auctions or rolling buyers (up to third bidder with consent), but sellers can pursue civil claims for uncovered losses like value drops. Second-highest bidders hold conditional positions they must accept explicitly, meet limit values or gain seller approval, and receive protections including deposit refunds and timely notifications. This prevents automatic substitution while ensuring fairness and efficiency against third-party defaults. Keywords : Voluntary Auction, Default, Highest Bidder.
Co-Authors Anak Agung Istri Agung I Dewa Putu Andre Wiratama I Made Suwitra I Nyoman Putu Budiartha Kadek Ayu Rima Ratnasari Komang Rama Agastya