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All Journal Journal of Law Science Al-Kharaj: Journal of Islamic Economic and Business Journal of English Language and Education
Br. Turnip, Lydia Fransiscani
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Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implications Position Auction Minutes in State Administrative Law regarding Legal Studies in Higher Br. Turnip, Lydia Fransiscani
Journal of English Language and Education Vol 10, No 1 (2025)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jele.v10i1.680

Abstract

Understanding jurisdictional boundaries between law administration and civil law becomes aspect important in education law. This study analyzes position treatise auction in law state administration and the implications of learning law in college high. The method used is qualitative descriptive with a normative approach, focused on the analysis of regulation legislation, including Constitution Number 5 of 1986 concerning State Administrative Court and Regulation implementation auction, as well as relevant literature in civil and administrative law. Research results show that treatise auctions are more appropriately categorized in civil law because they document administrative transaction auctions without decision ties in a way law administration does. Uncertainty jurisdiction between Justice Civil and PTUN confirmed the need for a comprehensive approach to learning law. Implications study. This covers strengthening understanding of normative, studying case treatise auction in the eye, studying law state administration, and integrating interdisciplinary approaches. Thus, students can develop an analysis critical to the system of justice and understand the complexity of jurisdiction law in Indonesia.
The Role and Authority of Class I Auctioneers in Indonesia within the Framework of State Administrative Law Br. Turnip, Lydia Fransiscani
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 3 (2025): : All articles in this issue include authors from 3 countries of origin (Indone
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i3.7795

Abstract

This study analyzes the position and authority of Class I Auction Officials in Indonesia from the perspective of state administrative law. The research finds that the legal basis for the position and authority of Class I Auction Officials is a ministerial regulation, not a law, which contradicts the legal requirements for authentic deeds as stipulated in Article 1868 of the Civil Code. The current system grants the Ministry of Finance the dual role of regulator and executor of auctions, which raises concerns about independence and neutrality. This dual role can lead to legal uncertainty because the official's authority is based on ministerial delegation rather than attribution from a higher law. The ideal arrangement, from a state administrative law perspective, would be to establish a clear legal framework at the level of a law (undang-undang) to regulate the position, authority, and recruitment of Class I Auction Officials. This would ensure their independence and neutrality. It is suggested that the role of auction officials be given to professionals outside the civil service, while the Ministry of Finance should act as a supervisor to prevent conflicts of interest and ensure a fair and just auction process. This would align the Indonesian auction system with the principles of good governance and legal certainty.
Executing mortgage auctions in insolvency: A study on normative conflicts, legal certainty, and separate creditor protection Br. Turnip, Lydia Fransiscani
Journal of Law Science Vol. 7 No. 4 (2024): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6616

Abstract

This paper discusses the normative asynchronousness between the Mortgage Rights Law (UUHT) and the Bankruptcy Law in the execution of mortgage collateral object auctions during insolvency. Secured creditors, such as banks, face restrictions in executing mortgage rights even though Article 6 of the UUHT normatively grants direct execution rights. This research utilizes a normative legal approach with techniques including analysis of legal regulations, a comparison of the Dutch and German legal systems, and literature review. The findings indicate that there is legal uncertainty in the practical execution of collateral object auctions during insolvency, and that the protection of secured creditors is limited and dependent on the interpretations of curators and courts. The author argues that the position of secured creditors, such as banks, should be given stronger legal certainty guarantees within the framework of property rights protection and legal certainty.
Reforming the Role of Auctioneers in Mortgage Execution in Indonesia: Legal Reform, Governance Transformation, and Its Contribution to Macroeconomic Resilience and Inclusive Institutions Br. Turnip, Lydia Fransiscani
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 3 (2025): : All articles in this issue include authors from 3 countries of origin (Indone
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i3.8003

Abstract

This study analyzes the current Indonesian auction system, focusing on execution auctions of mortgage rights. It identifies three key issues: a competence gap among State Auction Officials, where most lack legal backgrounds unlike their more legally proficient private counterparts; a substantial fiscal burden on the state due to a high volume of legal disputes and service inefficiencies; and a lack of legal certainty for auction winners. Using a normative juridical research method, the paper proposes a Hybrid Auction Authority Model (Delegative + National Certification). This model would allow the Directorate General of State Assets Management (DJKN) to remain the primary regulator while delegating the authority for complex execution auctions to certified private professionals, prioritizing notaries. The proposed reform, grounded in Max Weber's meritocracy theory and Hans Kelsen's pure theory of law, aims to enhance service efficiency, accelerate the resolution of non-performing loans, optimize state revenue, and strengthen governance by creating a more transparent and accountable system, thereby supporting national economic stability and regulatory transformation
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