Journal of Law, Poliitic and Humanities
Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities

Legal Uncertainty of Auction Winners Regarding The Non-Execution of Eviction Due To Lawsuits

Amaynia Anggun Rosita (Universitas Airlangga)
Gicela Sonbay (Universitas Airlangga)
Bimaryudho Dhimas Kurnia Armadha (Universitas Airlangga)



Article Info

Publish Date
05 Jun 2026

Abstract

This study examines the legal uncertainty faced by winners of mortgage execution auctions in obtaining physical possession of auction objects due to lawsuits. The problem arises from the inconsistency between Article 207 paragraph (3) of the HIR, which states that opposition lawsuits do not suspend execution, and the 2019 District Court Execution Guidebook, which permits temporary suspension. Divergent interpretations at the district court level create non-uniform application of law that is detrimental to good-faith auction winners. This research employs a normative juridical method with statute, conceptual, and comparative approaches. The findings demonstrate: first, lawsuits filed by debtors or third parties who cannot prove legitimate ownership rights should not be able to suspend eviction execution; second, auction winners who have obtained the Auction Minutes (Risalah Lelang) as an authentic deed are entitled to full legal protection, both preventive and repressive, including the right to compensation if execution is unlawfully delayed. This study recommends the need for firm and synchronized regulations to guarantee legal certainty for auction winners.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...