International Journal of Social Sciences and Humanities
Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities

Legal Remedies for Auction Winners Based on Justice in the Mediation of Disputes over the Vacating of Mortgage Rights Objects

Alfi Taufiq Asyidqi (Universitas Padjadjaran)
Efa Laela Fakhriah (Universitas Padjadjaran)
Etty Mulyati (Universitas Padjadjaran)



Article Info

Publish Date
30 Jun 2026

Abstract

One form of security is mortgage rights, which may be executed through an auction when the debtor defaults. In practice, however, obstacles frequently arise when the debtor, as the party whose property is auctioned, continues to retain physical control over the auctioned object of mortgage execution, even though the proprietary right has been transferred to the auction winner. This study aims to analyze the legal remedies available to auction winners in resolving disputes concerning the vacating of auctioned objects under mortgage execution, as well as the application of the principle of justice in the mediation process for such disputes. This research employs a normative legal approach by examining secondary data as the primary legal material, supported by primary data obtained through interviews. The collected data are then analyzed using a qualitative juridical method. The most constructive legal remedy for auction winners in disputes over the vacating of objects subject to mortgage execution is to pursue mediation before the District Court. Although forced execution under Article 200 paragraph (11) of the HIR is legally possible, such a mechanism often imposes additional time and financial burdens on auction winners. The application of the principle of justice through mediation enables the voluntary and dignified transfer of physical control over the object, thereby producing substantive justice that balances the formal rights of auction winners with the factual circumstances of the auctioned party while preventing potential social conflict.

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Journal Info

Abbrev

ijssh

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

(IJSSH). It is an international refereed journal in english published four monthly (every February, June, and October). The IJSSH is an international peer-reviewed, electronic, online journal in english that provides rapid publication of articles in all areas of the social science, humanity and ...