Pelindungan Hukum Bagi Pemenang Lelang Beritikad Baik Atas Perbuatan Melawan Hukum yang Dilakukan oleh Pemberi dan Pemegang Hak Tanggungan (Studi Putusan Nomor 662 Pk/Pdt/2023)

Abstract

In a loan agreement with the bank, the debtor is required to provide collateral in the form of a Mortgage Guarantee. This collateral is an important condition for applying for a loan from the bank, because if the debtor cannot repay the debt. The bank can take auction measures aimed at settling the debtor's bad credit debt, as regulated in Article 6 of the Mortgage Law. However, in practice, many debtors do not act in good faith, and it turns out that the object of the Mortgage Right belongs to someone else. Of course, this can harm other parties, especially the auction winner. This research aims to analyze the criteria for the good faith execution of auctions on collateral objects according to civil law in Indonesia, legal protection for good faith auction winners against unlawful acts according to civil law in Indonesia, and the legal considerations of the panel of judges regarding good faith auction winners against unlawful acts based on decision number 662 PK/Pdt/2023. The research method used in this study employs the normative juridical research method, which focuses on legal norms conducted through library research (bibliography study) using secondary data consisting of primary, secondary, and tertiary legal materials related to the issues being examined. This research has a descriptive-analytical nature and uses data collection techniques in the form of interviews. The results of this study state that the criteria for a good faith winner are a buyer who possesses honesty and is completely unaware of any legal defects in the object they purchased. Furthermore, if the auction winner cannot enjoy the object they have acquired. Therefore, the auction winner can hold the seller accountable. In the review decision number 662 PK/Pdt/2023, it is indicated that the current auction regulations are not sufficient to provide comprehensive legal protection. Therefore, it is recommended that the government create an auction law that clearly outlines the responsibilities and compensation that can be provided, as well as solutions for resolving disputes.