Perlindungan Hukum terhadap Pemenang Lelang yang dirugikan Atas Kesalahan Informasi Objek Lelang (Studi Kasus : Putusan Nomor 157/PDT/2019/PT Mdn)

Abstract

The implementation of auction on hypothecation has to be prioritized with Auction Announcement. Information about Auction Item has to be in accordance with the condition of fact about the hypothecation in the announcement. The winners who have carried out their duties and gotten the copy of Auction Letter have the right to own and control the hypothecation as it has been informed by the Auction Announcement . In practice , however based on the dispute in the auction of hypothecation in the Verdict o. 157/Pdt/2019 /PT Mdn , the winner cannot directly own the auction item and carry out the process of transfer. The research problems are the analysis on the applicable regulation on the right and obligation of auction winners, the Liability of the Banks, KPKNL, and BPN on the implementation of auction in which there is a misinformation about auction items, legal protection for auction winners harmed by misinformation about auction items based on the Verdict o. 157/Pdt/2019/PT Mdn .The research employs juridical normative and descriptive analytic methods Secondary data are gathered by conducting Library research and primary data are gathered by conducting field research through interviews with the source per ons (informants). The result of the research, based on the case of the Verdict o. I 5 7/Pdt/2019/PT Mdn concerning the applicable regulation on the right and obligation of auction winners in the Vendu Reglement and the PMK o. 2712016 amended to PMK No. 213/PMK.06/2020 on Operational Manual of Auction , shows that, concerning the liabilities of Bank KPKNL. and BP for the implementation of auction in which there is misinformation about auch"on items , the Bank is Liable for the validity of Auction Announcement , the matching between the object and the document, civil complaint and/or criminal accusation and the implementation of the verdict caused by the violation of Law by the seller and compensation, penalty paymentldwang om. The liability of KPKNL is about its obligation to look into the completenes of documents which have to fulfill the Formal Legality of Auction Item . The liability of BP is is uing SKPTISKT on the request of Auctioneers