Akibat Hukum terhadap Pembatalan Risalah Lelang Eksekusi Hak Tanggungan (Studi Putusan Mahkamah Agung Nomor : 2868 K/Pdt/2018)

Abstract

The process of auction of hypothecation can cause legal consequence of title transfer in auction objects from sellers to auction winners. This land title transfer through auction is regarded valid, but it can bring about new problems such as the auction object cannot be controlled by the auction winners/buyers ad the revocation of auction by the court's ruling. The research problems are how about the revocation of the foreclosure sale of hypothecation, how about judge 's consideration in about the revocation of the foreclosure sale of hypothecation in - the Supreme Court's Ruling No. 2868 K/Pdt/2018, and how about its legal consequence. The result used juridical normative method, supported by primary data and secondary data, and qualitative analysis The result of the research showed that in the revocation of the foreclosure sale ofhypothecationbased on the Supreme Court's Ruling No. 2868 K/Pdt/2018, the judge 's decision is correct because the auction is contrary to the Decree of the Minister of Finance No. 27/PMK.0612016. The judge considers that the Plaintiff (heir) has good faith to pay off his father's debt to the creditor, but the latter rejects. The judge's consideration about illegal act isthat the auction bidder is related to the defendant/creditor, and judge's consideration that the limited value of the auction object is too low. The legal consequence is that the auction object is returned to the debtor although ii still becomes hypothecation before the auction occurs. The legal consequence for the auction winner is that the auction object for auction bidder will end. This causes harm for the creditor because the debtor delays paying off his debt because of the revocation of the auction and also the auction winner since the money he has deposited for buying the auction object gets stuck because the auction is revoked by the Court.