Pertanggungjawaban Hukum Balai Lelang terhadap Objek Lelang yang Tidak Sesuai dengan Pengumuman Lelang (Studi Putusan Nomor 526/Pdt.G/2023/Pn.Jkt.Brt)

Abstract

Auctions are recognized as a form of buying and selling in both Civil Law and Common Law systems; however, they are not specifically regulated in the Indonesian Civil Code (KUHPerdata). The importance of transparency in auction transactions necessitates the publication of auction announcements. In the case with registration number 526/Pdt.G/2023/PN.Jkt.Brt, discrepancies between the condition of the auctioned object and the information in the auction announcement resulted in losses for the auction winner. The research method used in this thesis is the normative juridical method, with a descriptive approach. The study involves examining regulations and legal materials relevant to the research, particularly focusing on the court decision with registration number 526/Pdt.G/2023/PN.Jkt.Brt. The data analysis method employed is qualitative, based on a study of the court's decision. The research findings reveal that Pasal 38 Peraturan Menteri Keuangan Number 113/PMK.06/2019 states that auction houses are responsible for legal claims arising from discrepancies between auction announcements and the actual auctioned object. Auction houses must ensure the accuracy of the information they provide. Auction winners are entitled to accurate and truthful information about the auction and the auctioned object. Such discrepancies are considered unlawful acts, and the auction house is obligated to compensate for the losses caused by their negligence.If the auction winner suffers losses, they may take persuasive measures, such as negotiating with the auction house, or repressive measures, such as filing objections or civil lawsuits in the local District Court, requesting the annulment of the auction, and lodging complaints with supervisory authorities and relevant ministries.