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All Journal JUSTISI Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Farly Kanserano Jabiy
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LEGAL CERTAINTY IN THE TRANSFER OF LAND RIGHTS THROUGH AUCTION: A CASE ANALYSIS OF THE SUPREME COURT DECISION NO. 920 K/PDT/2020 ON THE CANCELLATION OF EXECUTION SEIZURE OF ENCUMBERED LAND Farly Kanserano Jabiy; Hanafi Tanawijaya
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.3221

Abstract

This article examines the legal certainty of transferring land rights through public auction in Indonesia, with a specific focus on the Supreme Court Decision No. 920 K/Pdt/2020. The decision addresses a case involving a request to annul the execution seizure of encumbered land obtained through auction. The study applies a normative juridical method and uses statutory and case approaches to explore the alignment of legal proceedings with positive law. It particularly investigates the auction process, the nature of mortgage rights (Hak Tanggungan), and the legal implications for third parties claiming inheritance rights. The decision ultimately reaffirmed the purchaser's rights and provided a precedent supporting legal certainty in auction-based land transfer. This analysis highlights the importance of executing court decisions with enforceable power and the role of mortgage law in ensuring creditor protection and legal clarity for auction buyers.
Legal Analysis of the Cancellation of the Execution of Collateral in Supreme Court Decision MA 920K/Pdt/2020 Farly Kanserano Jabiy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.3937

Abstract

This study aims to analyze the execution of judgments in Indonesian civil law, particularly in relation to security rights and the parate executie mechanism as regulated in Law No. 4 of 1996.The method used in this study is a normative legal approach with a literature review, analyzing relevant legislation, court decisions, and implementing regulations. The main focus of this study is to explore the challenges and distortions that occur in the implementation of parate executie, which is actually designed to provide convenience, legal certainty, and efficiency for creditors.The novelty of this study lies in its in-depth assessment of the conflict between the provisions of the UUHT and court decisions and Supreme Court Circular Letters that hinder the implementation of parate executie without court intervention.The results of this study show that although the UUHT gives creditors the authority to directly execute collateral, in reality, legal uncertainty, complicated bureaucracy, and decisions that contradict the spirit of the UUHT actually slow down the execution process and increase losses for creditors. Therefore, this study recommends improving implementing regulations and revising related regulations, including canceling or revising Supreme Court Circular Letter No. 7 of 2012, so that the objectives of the UUHT to provide fast, inexpensive, and efficient execution can be achieved.The conclusions of this study are expected to contribute to the development of Indonesian civil law, particularly in strengthening legal certainty in the execution of security rights.
Co-Authors Hanafi Tanawijaya