Bank Responsibility for Coverage Rights Auction Objects That Cannot be Controlled by the Auction Winner

Abstract

Article entitled Bank Responsibility for Objects of Mortgage Auctions That Cannot Be Controlled by the Auction Winners. The transaction process for the transfer of land and building rights through an auction is quite easy and simple. As long as the parties involved fulfill their respective rights and obligations in accordance with the provisions of the applicable laws and regulations. Based on the explanation of Article 20 paragraph (1) of Minister of Finance Regulation Number 213/06.PMK/2020 regarding instructions for implementing auctions, auctions must run efficiently, effectively and provide legal certainty. This study aims to develop knowledge regarding bank responsibilities and legal protection for buyers of goods who are unable to exercise control over the object of the mortgage execution auction object. The form of research used in this research is normative, which is researched on legal principles, which are carried out on positive laws made in writing. The conclusion of this study: The bank is fully responsible for the juridical and physical leveraging of the auction object to the auction winner, based on Article 17 of the 2016 Auction Guidelines and Article 13 of the 2020 Auction Guidelines stating that the Seller, in this case Bank X, is responsible for the delivery of movable objects and/or immovable objects. Because basically, the law has regulated that the seller is obliged to guarantee the possession of the goods being sold safely and securely to the buyer. This form of accountability can be in the form of providing mediation so that the debtor wants to vacate the auction object voluntarily or by providing proper direction and coordination to the buyer to apply for an emptying execution or if as a last option, namely by returning payment of the auction price paid by the auction buyer. So that in the future the bank can facilitate the levering process and participate in guaranteeing the mastery of the collateral to hand over the auction object as a form of accountability, it is necessary to make a statement stating that if the debtor defaults, the debtor is obliged to voluntarily vacate the land and building of the mortgage, so that in the future the bank can obtain convenience in handing over the auction object and is also free from claims for compensation filed by the buyer.