Acts Unlawful to Remove the Plaintiff's Rights as Winner of the Auction in Court Ruling Case Number 379/Pdt.G/2020/PN.JKT.PST

Abstract

There is a significant risk of litigation associated with the execution of auctions, especially in practice. Both during and after the auction process, lawsuits are filed, frequently with the plaintiff's intention of delaying the auction's implementation. The variety of cases involving auction tactics is reflected in this litigation. The central issue in these petitions frequently centers on illegal acts carried out during the procedure. The present study aims to investigate two main questions: 1) What are the legal ramifications for the defendant in case they commit a crime that denies the plaintiff their rights as the auction winner, and 2) How do judges weigh the legal factors when making decisions in cases like Case Number 379 / PDT.G/ 2020/ PN.JKT.PST? Judicial-normative research methodology is being used. Based on the study's findings, the paper outlines the legal consequences for defendants who commit such acts, grounded in the provisions of Article 1365, which stipulate that every unlawful act obliges those at fault to compensate for the losses incurred. This is based on four elements: a) The act is contrary to law; b) It results in damages; c) It is executed wrongly; and d) The detrimental act arises causally. As per the judges' considerations before passing the verdict on Case Number 379/PDT.G/2020/PN.JKT.PST, it is crucial for the plaintiff to detail the credit facilities from PT. Bank Negara Indonesia (Persero), Tbk. c.q. Small Credit Center (SKC) Kramat in the lawsuit, to provide a clear picture to the court of the plaintiff's losses, thus qualifying the defendant's administrative misconduct as an act against the law