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Susilo, Durra Aliefa
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Onrechmatige Daad Sebagai Kausa Dalam Pembatalan Risalah Lelang Susilo, Durra Aliefa; Talentina, Gabriella; Andreza, Nadya Puteri; Rani, Riska
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art2

Abstract

Auction as a legal institution in Indonesia has been regulated since the Dutch East Indies colonial period, with a legal basis that is still valid today. Auction is a way to reach a favourable agreement for the seller by gathering prospective buyers. One of the main problems in the implementation of the auction is the existence of unlawful acts (onrechtmatige daad), which is often the basis for a lawsuit to cancel the auction. In the context of Indonesian law, the determination of onrechtmatige daad against the cancellation of auction minutes refers to Article 1365 of the Indonesian Burgerlijk Wetboek. To determine an action as onrechtmatige daad, conditions such as the existence of an act (daad), fault (schuld), loss (schade), and causality must be fulfilled. The legal process related to auctions also involves legal provisions that regulate the procedures and conditions for implementation, such as the use of appraisal services to determine the limit price, as well as the existence of auction minutes as authentic evidence containing details of the auction process and results.
Co-Authors Andreza, Nadya Puteri Rani, Riska Talentina, Gabriella