Kedudukan Pelaksanaan Lelang melalui Perantara Kantor Pelayanan Kekayaan Negara dan Lelang (Studi Putusan Nomor: 1250 K/Pdt.Sus-Bpsk/2017)

Abstract

The regulation of auctions is based on Article 1, paragraphs (4), (5), and (6) of Minister of Finance Regulation No. 27/PMK.06/2016 concerning Auction Implementation Guidelines, which classifies auctions into three categories: execution

“ auctions, mandatory non-execution auctions, and voluntary non-execution auctions. | The issue of execution based on grosse akta as stipulated in Article 224 HIR or Article e 258 RBG has evolved along with the rapid development of credit institutions in f Indonesia. The problem formulation in this study includes how the legal regulation of public auctions through the intermediary of the State Assets Management and Auction Service Office is structured, what the legal position of public auction execution through the State Assets Management and Auction Service Office is in relation to Article 6 of the Indonesian Mortgage Law and Article 224 HIR/258 RBG, and how the legal analysis of Decision No. 1250 K/Pdt.Sus-BPSK/2017 relates to auction execution through the State Assets Management and Auction Service Office.

This research employs a normative juridical method with a descriptive- analytical approach. The analysis used in this study is qualitative analysis.

The findings indicate that the regulation of auctions is governed by Article 1, paragraphs (4), (5), and (6) of Minister of Finance Regulation No. 27/PMK.06/2016, categorizing auctions into execution auctions, mandatory non-execution auctions, and voluntary non-execution auctions. Additionally, Article 6 of Law No. 4 of 1996 on Mortgage Rights, in conjunction with Article 224 HIR/258 RBG, plays a crucial role in the execution of security rights by bank creditors through the State Assets Management and Auction Service Office. With the presence of executorial title, grosse akta possesses executorial power, allowing it to be enforced similarly to a final and binding court decision. Essentially, grosse akta is intended to facilitate execution in the event of default, enabling creditors to directly exercise their execution rights by submitting an execution request to the court without undergoing a standard lawsuit process.