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All Journal International Journal of Business, Law, and Education International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Rachman, Rino Arief
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Time Limit Exception Provisions for Heirs of Auction Buyers in Voluntary Auctions of Immovable Property Ismawan, Almira Thalysa; Sihabudin, Sihabudin; Rachman, Rino Arief
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.807

Abstract

This study is motivated by the incompleteness of the norms in Article 88 Paragraph (2) of Minister of Finance Regulation No. 122 of 2023 regarding the exception of the 5 working days time limit from the auction for heirs of individual voluntary auction buyers. The aims of this study are to analyze the urgency of establishing time limit exclusion arrangements for the heirs of individual voluntary auction buyers for immovable property. Furthermore, this study was of a normative juridical type using a statute approach and conceptual approach. The results of this study shows that upon death, rights and obligations transfer to heirs. So that the heirs must settle auction payments within 5 working days and pay BPHTB. Thus, necessary to add a clause to Article 88 Paragraph (2) of Minister of Finance Regulation No. 122 of 2023 ensures legal certainty and justice for heirs of individual voluntary auction buyers.
Legal Analysis of Notary Competence In Auction Deeds Lutfianah; Sukarmi, Sukarmi; Rachman, Rino Arief
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i1.459

Abstract

Notaries in Indonesia have the authority to make authentic deeds, including auction minutes, as stipulated in Article 15 paragraph (2) letter g of the Notary Position Law (UUJN). However, this provision contradicts the Minister of Finance Regulation (PMK) No. 189/PMK.06/2017 which stipulates that class II auction officials have the authority to make auction minutes. The conflict of norms between these two regulations has created legal uncertainty that risks causing disputes related to the validity of the deed of minutes of auction made by a notary. This research aims to analyze the legal certainty of the deed of minutes of auction made by a notary and propose a legal solution in the form of regulatory harmonization to avoid overlapping authority. The research method used is normative legal research with a statute approach, conceptual approach, and historical approach. The results showed that the inconsistency between UUJN and PMK No. 189/PMK.06/2017 can cause the cancellation of the deed of minutes of auction made by a notary, increase the potential for legal disputes, and cause uncertainty for the parties involved in the auction transaction. Therefore, it is necessary to harmonize the regulations by adjusting the UUJN or PMK so that the rules related to the authority to make the deed of minutes of auction are clearer and do not overlap. This step is expected to provide legal certainty for the community and improve administrative efficiency in auction practices in Indonesia.
Co-Authors Ismawan, Almira Thalysa Lutfianah Sihabudin Sihabudin, Sihabudin Sukarmi Sukarmi, Sukarmi