Legal Protection for Buyer of Auction Land and Building Based on the Indonesian Positive Law

Abstract

The legal protection against the winner of the auction means that legal certainty rights auction winner on the object bought at auction. In the tender process has been carried out will lead to legal consequences, namely transfer of rights objects from the seller to the auction the winning bidder. Transfer of rights objects in the auction turned out to cause a problem, as the object of the auction cannot be mastered by the tender winner as controlled by third parties. The method used in this research is normative. Specifications research used is descriptive analysis. Methods and techniques of data collection in this study conducted a literature study. Methods of data analysis was performed using qualitative juridical analysis. This study concluded that the provisions of the purchase of land and buildings through auctions in Indonesia can be interpreted from the provisions of Article 1313 of the Civil Code that the appointment of qualified valid agreement under Article 1320 of the Civil Code, hereinafter referred to Article 1 point 11 of Law No. 10 of 1998 on Amendments to the Law No. 7 of 1992 concerning Banking, lending agreements do not always go well there are problems that arise are bad loans, to solve the problem of bad loans is then referred to Article 6 of Law No. 4 of 1996 on Mortgage. Then also refers to Article 1457 of the Civil Code regarding the sale and purchase. In this case the holder of a security interest, gives power to KPKNL object security rights to sell through an auction pursuant to Article 1 paragraph 1 of the Minister of Finance Regulation No. 93/PMK.06/2010 on Guidelines for the Implementation of the Auction. Transfer of rights to land and building property through auctions in Indonesia are controlled by third parties there are several stages, the first stage of the auction conducted by KPKNL, the second phase of the auction officials determine the winner of an auction pursuant to Article 66 Regulation of the Minister of Finance No. 93/PMK.06/2010 on Guidelines for the Implementation of the auction, then the third stage of the auction winner to make a payment or settlement pursuant to Article 71 of PMK 93/2010 auction officials later handed over title to land and building property and also submitted a document Minutes of auction, but in the transition of physical objects land and buildings controlled by third parties need to request discharge to the local court under the provisions of Article 200 HIR. Legal protection of the purchaser of land and building property through an auction, a preventive legal protection granted by Vendu Reglement, repressive legal protection given by HIR in terms of emptying the auction objects, where the object discharge implementation auction can be through the help of the District Court.