Prosedur Lelang Secara Elektronik pada Pelelangan Objek Jaminan Perbankan (Studi pada Kantor Pelayanan Kekayaan Negara dan Lelang Pematang Siantar)

Abstract

One of the sellers in the auction on March 24, 2021 at the KPKNL Pematang Siantar, was Bank BRI Agrn on the plot of land in the area of 126 m2 (one hundred twenty square meters) and a building on it as the collateral, located on Jalan Lapangan Tembak. Kelurahan Satia Negara. Siantar Sitalasari Sub-district. Pematang Siantar Announcement by online had been sent in the website http://www.lelang.go.id on February 23, 2021. It was one of the procedures of implementing a conventional and by online auction. The problem arose in this auction was that the collateral was owned by other people since the land had been "land of division into lots" for residence. In this case, the owner's ownership certificate was mortgaged to the Bank without the acknowledgement of the owner of the building

This research employs Juridical normative and empirical method since the research object is electronic auction (e-auction), a new method of auctioning, the problem is that there is obstacle in its implementation between regulation and the implementation itself. The result of the research shows that the procedure of the e- auction at the KPKNL Pematang Siantar, is not completely in accordance with the Procedure of Organizing an Auction specified in the Decree of the Minister of Finance No. 213/PMK.06/2020 on the Operational Manual of Auction

It is concluded that there is the disparity of the expected condition in the difference between the regulation (das sollen) and the implementation (das sein). The researcher found out that in organizing the regulation on auction specified in the Decree of the Minister of Finance No. 213/PMK.06/2020 on the Operational Manual of Auction contained legal norm in each word in the Articles is complete, and the language analytic method is in accordance with scientific principle. In reality, however, it is illegal because investigation assumption is not consistent, or it is probably difficult to be implemented. It is recommended that the Billon Auction being drafted, there be regulations on examining disputes in auction in the Articles done by the Commercial Court There should also be the Articles on the regulation about electronic documents and electronic evidence