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

The Role and Authority of Class I Auctioneers in Indonesia within the Framework of State Administrative Law

Br. Turnip, Lydia Fransiscani (Unknown)



Article Info

Publish Date
19 Aug 2025

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.

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Journal Info

Abbrev

alkharaj

Publisher

Subject

Economics, Econometrics & Finance

Description

Al-Kharaj, Journal of Islamic Economic and Business is peer-reviewed journal published by program studi ekonomi syariah , Institut Agama Islam Negeri (IAIN) Palopo. Al-Kharaj focus on the research of Islamic Economic and Business. The aims of this journal is to explore and develop economic related ...