Auction Object Research Articles

Social Structure Analysis in Management of South Sumatra Inland Waters

Abstract The social structure of inland fisheries communities tends to place powerful elites in important positions, while local fishermen are subordinate actors. Patronage is a form of social relationship that describes the unequal social structure between these actors. This research aimed to analyze social structure in the inland waters of South Sumatra in the practice of the Lebak Lebung and River Auction (L3S) in OKI District. To achieve this goal, a constructivist paradigm with qualitative research methods was employed, and the sample comprised 39 informants selected as subjects. The data analysis was conducted in three distinct stages, namely data reduction, presentation, and drawing conclusions. The results showed that the regulation of open access for all parties in the local government regime after 1982 created an institutionalized social relations structure where the government, investors, traders, middlemen, and non-fishing actors dominated compared to the fishermen. The participants in this social landscape strived to accumulate capital to enhance their competitiveness within the L3S domain. A patronage system was implemented with middlemen assuming the role of patron and the fishermen acting as their clients. The current institutional social structure has created an unfair distribution of resource benefits for fishing workers. The novelty theories were found in the working relations of the inland waters community of South Sumatra, namely stratified distribution of rights, dual status, multi-stage patronage, and the positive function of patronage for chief fisherman. Further research should be conducted to research policy revitalization and develop strategic inland water management models. Highlight Research The author mentioned 3 highlights from their results research: Auction system in inland waters in South Sumatra presents an unfair distribution for fishermen. Structure of the working relationship formed is an asymmetric patron-client relationship but with novel theories such as the stratified distribution of rights model, dual status, multi-stage patronage, and the positive function of patronage. An imbalance in local access to auction objects due to their weak ability to accumulate capital.

Kepastian hukum terhadap pemenang lelang dalam lelang agunan bank (Studi Kasus pada Putusan Nomor 193/PDT.G/2019/PN.PTK)

Using common violations, the Law on Liability gives the creditor the privilege of executing the object in his power. Furthermore, repayment of receivables is taken from the proceeds of the auction with priority rights from other creditors. Through Pirate Execution based on the executory title stated in the Certificate of Dependent Rights Following the provisions of Article 11 paragraph (2) letter KUUHT, APHT stipulates the emptying of the object of the dependent right at the time of execution of the dependent right, so that the debtor is obliged to follow the auction decision and has no reason to refuse the emptying. In the Universal People's Credit Bank, there was a conflict because the debtor did not pay the receivables following the previous agreement. As a result, the creditor, the Universal People's Credit Bank in Pontianak, executed the guarantee through a public auction. However, the debtor made legal efforts to oppose (verzet), and the debtor filed an objection in case No.193/Pdt.G/2019/PN. Ptk.The winner of the auction cannot reverse the name or control the auction results. This study used a normative jurisprudence law approach. This method deals with problems by studying the provisions of applicable laws and regulations. The focus of this study is descriptive analysis. Therefore, the decision of civil case No. 193/Pdt.G/2019/PN.Ptk, Deed of Auction Minutes No. 492/53/2020, Law No. 10 of 1998, Law on Dependent Rights No. 4 of 1996, Basic Agrarian Law No. 5 of 1960, and Minister of Finance Regulation No. 213/PMK.06/2020 concerning Technical Guidelines for Auction Implementation are the subjects of this study. The research reveals the efforts of the block applicant and the Land Office to file an Unlawful Action lawsuit with the Court to remove the block as legal protection for the auction winner. The winner of the auction can also ask the District Court to stop the auction object. In decision number 193/Pdt.G/2019/PN.Ptk, the Panel of Judges stated that the object of the dependent rights used by the Plaintiff as collateral has the same executory power as a court decision that has permanent legal force. Under the executory title, an execution auction can be conducted directly, and the debtor must leave or vacate the property of the lien. Because it has violated the civil rights of others, the plaintiff's actions are included in the category of unlawful actions. To avoid juridical obstacles, the government should be able to amend and add clauses in the UUHT by giving authority or directly appointing bailiffs and police officers to execute collateral emptying as evidenced by the deed of auction minutes to ensure legal certainty in the process of execution of dependent rights. Thus, KPKNL and the Bank can synergize with these rules by carrying out auction execution procedures

Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction

Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.Methods of the Research: The research method used is normative legal research.Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.

Legal Protection for the Winners of the Execution of Mortgage Rights in the Auction Case of Blocking of Property Rights Certificates (SHM) which Become the Object of the Auction

The purpose of this study is to examine the meaning of the phrase "object of dispute in court" in the provisions of Article 45 paragraph 1 letter e of Government Regulation No. 24 of 1997 concerning Land Registration and In the event that the auction object is blocked, the winning bidders have legal protection when exercising their mortgage rights. Researchers employed a normative juridical research style in this study. The study's findings demonstrate that various parties have different interpretations of Letter E of Article 45 of PP Number 24 of 1997. Land Offices, so that any object of claim including objections to auctions because the limit value is considered low is still used as a reason to refuse registration of a rights transfer by auction. The type of law protection for auction winners, namely preventive protection which is preventive in nature, is still very weak, where The only thing the auction winner can do is wait for the Court's ultimate ruling. Taking legal action is another option to restrictive legal protection. The winning bidder may seek the District Court for help in removing the item. The auction winner can sue Perbuatan Melawan Hukum (PMH) against the Blocking Applicant and The representative for the to conduct the auction is the Land Office. in order to make the seller accountable through payment of damages. the blocking record

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

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.

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

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

Perlindungan Hukum Terhadap Pemenang Lelang Atas Objek Eksekusi Hak Tanggungan

Carrying out an auction is the payment of the auction object from the buyer to the auction seller, with the aim of paying off the debtor's debt to the creditor. However, in its implementation obstacles often arise such as the auction object cannot be controlled by the winning party. This research aims to determine legal protection for auction winners, as well as other obstacles faced by auction winners. In this research, the approach methods applied include: case approach methods through court decisions and statutory regulations. The legal materials used in this research use secondary legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research are legal protection for the rights of auction winners in the form of repressive protection contained in HIR, Vendu Regulation, PMK No. 213/PMK.06./2020, and the Civil Code. To obtain their rights, they can make real execution efforts. Meanwhile, in this research, the obstacles that influence the auction winner are non-juridical obstacles.

부동산 경매에서 매각대금 완납 후 회생절차에서 경매절차가 실효된 경우 경매부동산의 소유권 귀속에 대한 연구

In practice, it is often difficult to achieve the purpose of the rehabilitation procedure by ignoring the uniqueness of the rehabilitation procedure and applying the provisions on the Civil Execution Act by analogy. A typical example is a case where the buyer paid the sale price in full and acquired ownership of the auction real estate under Article 135 of the Civil Execution Act, but the above auction procedure was suspended due to the decision to commence the rehabilitation procedure under the Debtor Rehabilitation Act before the end of the dividend procedure. In this situation, if there is a decision to approve the rehabilitation plan after the decision to commence the rehabilitation procedure, the auction procedure is retroactively invalidated. The question is whether the buyer still acquires ownership of the auction object, if the auction procedure is retroactively invalidated, If auctioned real estate is needed for the debtor's rehabilitation, the attribution of ownership of the auction object has a great influence on the success of the rehabilitation procedure. Currently, there is no Supreme Court ruling on the attribution of ownership of the auction object, causing a lot of confusion in the practice of rehabilitation procedures. In light of the provisions of the Debtor Rehabilitation Act and the purpose of the rehabilitation procedure, this paper argued that it is not appropriate for the buyer to acquire ownership of the auction object.

Perlindungan Hukum terhadap Pembeli Lelang Eksekusi PUPN dalam Hal Objek Lelang Tanah Kabur

Banks are one of the most important financial institutions and have a large role in the economic life of society, considering that banks are one of the people's choices that can provide credit facilities. Problems in the field are increasingly complex with various sources of data used as a reference to find answers from the processes carried out by researchers so that this problem approach method is a sub-method to be able to solve a problem. The auction principles based on the auction regulations include the principle of publicity, the principle of competition, the principle of certainty, the principle of accountability, the principle of efficiency, the principle of balance and the principle of justice in the land auction object, even though there is a certificate of title. on valid Land and SKPT, one of the principles that has not been implemented except for the principle of certainty because it does not involve BPN in taking care of the existence of the object prior to auctioning to find out the location of the land. As a result, one of the principles has an impact on the implementation of the auction principle, namely the principle of accountability and the principle of justice, which is not realized

Perlindungan Hukum terhadap Pembeli Lelang Eksekusi PUPN dalam Hal Objek Lelang Tanah Kabur

Banks are one of the most important financial institutions and have a large role in the economic life of society, considering that banks are one of the people's choices that can provide credit facilities. Problems in the field are increasingly complex with various sources of data used as a reference to find answers from the processes carried out by researchers so that this problem approach method is a sub-method to be able to solve a problem. The auction principles based on the auction regulations include the principle of publicity, the principle of competition, the principle of certainty, the principle of accountability, the principle of efficiency, the principle of balance and the principle of justice in the land auction object, even though there is a certificate of title. on valid Land and SKPT, one of the principles that has not been implemented except for the principle of certainty because it does not involve BPN in taking care of the existence of the object prior to auctioning to find out the location of the land. As a result, one of the principles has an impact on the implementation of the auction principle, namely the principle of accountability and the principle of justice, which is not realized

The principle of accountability for the object of the auction held

This study aims to determine the principles of accountability owned by PT Balai Lelang Serasi. This study uses a normative juridical approach. The data collection technique used is documentation technique (literature study and scientific journal articles). The data analysis technique used is descriptive and critical analysis. The results of this study indicate that the principle of accountability owned by PT Balai Lelang Serasi can be seen from the provision of access to prospective bidders to check the physical condition and completeness of the auction object documents at the open house stage; obliges the prospective bidder to pay a security deposit which will later be returned to the bidder in accordance with what is stated on the registration form (auction participants must deposit a security deposit of Rp 5,000,000 (five million rupiah)/car and auction list as proof of commitment that the prospective bidder guarantees that he or she is willing to participate in the auction); and the auction winner is fully responsible for what he bids, and he wins.

Legal Protection on Good Intention Buyers Against the Auction Object Due to the Execution of Liability Rights

The problem of land in human life is very important, because most of human life is very dependent on the land. Therefore, buying and selling is not only the transfer of ownership rights to land to other parties, but also the transfer of land rights, where the buyer controls, manages and uses the object according to his interests and needs. A legal act of transferring rights must fulfill the principle of light and cash. The author presents an example of a sale and purchase agreement made in good faith, but the seller does something illegal and the buyer in good faith is not protected. There is an interesting legal issue for the author to examine in more depth about the land sale and purchase agreement as the legal fact that the buyer has good intentions but an unlawful act is committed by the seller, so that the object of the sale and purchase must ultimately be executed because the debtor defaults. The type of research is normative juridical. The conclusion from the legal position of the buyer who has good intentions, even though the evidence is in the form of an underhand sale and purchase agreement, must still get legal protection. Due to the legal action between the seller and the bank without the power and approval of the buyer, the agreement between the seller/debtor and the creditor can be qualified as “null and void” based on the good faith of the buyer in taking legal action with the seller or it can be qualified that the sale of the auction object is considered never to have occurred, as stipulated in Article 20 UUHT. And that the current regulations do not provide legal protection for buyers with good intentions. Because the rights of the buyer who have fulfilled the elements as stated in Article 1320 of the Civil Code are still being ruled out, it is proven by the auction of the object of sale and purchase that has been carried out by the seller with legal actions with other parties carried out unilaterally. So that in the future there is a need for regulations that provide more legal protection for buyers with good intentions.

Legal Protection to the Auction Winner with Good Intentions of Mortgage Rights on Grosse Minutes of Auction Number 780/14/2019

The government has provided legal protection to auction winners who take part in the auction with good intentions and in line with the rules, including those that are specifically regulated in the Regulation of the Minister of Finance Number 27/PMK.06/2016 concerning Auction Implementation Guidelines. The auction winner of Grosse Minutes of Auction Number: 780/44/2019 felt helpless and burdened by not being able to own the tangible object of what he purchased in the auction because the previous owner or mortgage giver objected to emptying the tangible object voluntarily. This problem made the auction winner burdened to forcibly vacate the tangible object from the auction he won and results in new legal actions. This research was conducted through library research to collect secondary data from primary, secondary, and tertiary legal sources. The owner of the Grosse Minutes of Auction number 780/44/2019, who won this auction and had good intentions, should be provided legal protection. This is done to uphold the principles of justice and give the auction winner legal security over his ownership of the tangible auction objects (land and building) that had been purchased. Article 1977, paragraph 1, of the Civil Code (hereafter referred to as the Civil Code) provides legal protection for purchasers who have good intentions. In essence, this article protects purchasers of movable property. According to Article 1977, paragraph 1 of the Civil Code, whoever controls movable property that is not in the form of interest and receivables that are not required to be paid to the bearer is declared to be the ownerKeywords: Legal Protection, Auction Winner, Grosse Minutes of Auction

Registration Of Name Rights To Land Object Auction (Study in Mataram City)

This study examines the procedure for transferring the title to the auction object. The type of research used in this article is normative and empirical research using the statutory approach, conceptual approach, and practical approach.
 The results showed that the implementation of the transfer of name procedures for the transfer of land rights through auction, namely: 1) Applying for registration of the transfer of ownership rights to land due to auction through the service counter that has been provided, 2) The Land Office Service Counter Officer conducts Examination of Application Files, 3 ) Paying Land Rights Registration Fee, 4) Carrying out the Work Process, Recording and Correspondence, 5) Issuing certificates, 6) Submission of certificates. Meanwhile, if there are objections raised by the owner of the land being auctioned (debtors in default), related to the application for land registration submitted by the winner of the auction (buyer), then in this case the National Land Agency will temporarily suspend the application process for the transfer of the name of the auction object until there is a settlement, between the disputing parties.

Implikasi yuridis parate eksekusi obyek hak tanggungan

To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for example, the existence of resistance from the debtor or third party and the emptying of the object of the liability right. The obstacle from the creditor's side is the difficulty in finding auction buyers for the object of the execution auction. The juridical implication of the execution parade with the object of collateral is to obtain creditor assurance regarding the repayment of his debt from the debtor, in addition to accelerating the repayment process of creditors when the debtor defaults by giving the creditor the right to sell the Collateral Right Object of his own power through a public auction.How to cite item: Rosari. L.K.P., Koeswahyono I., Wisnuwardhani. D.A. (2022). Implikasi Yuridis Parate Eksekusi Objek Hak Tanggungan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.5189.

Legal Aspects Of Execution Of Dependent Rights Against Auction Buyers In Indonesia

The right of mortgage arises because of an agreement, that is, an agreement between the parties. Legal protection of the winner of the auction means the existence of legal certainty over the rights of the buyer / winner of the auction on the object purchased through the auction. In the auction process that has been carried out in practice will cause legal consequences, namely the transfer of the rights of the auction object from the seller to the buyer/winner of the auction as regulated in law no. 4 Of 1996 On The Rights Of Dependents On Land And Objects Related To The Land. In the transition of the rights of the auction object is not uncommon to cause a problem, such as the inability to control the auction object by the buyer/winner of the auction, which the owner of the auction object does not want to voluntarily vacate the auction object.

TANGGUNG JAWAB BANK ATAS HASIL LELANG EKSEKUSI HAK TANGGUNGAN YANG DIBATALKAN PENGADILAN (Studi Putusan Nomor 24/Pdt.Bth/2017/PN Stb)

The main activity of the Bank in general is to collect as much funds as possible from the public in the form of savings, and then manage these funds to be redistributed to the public in the form of loans or credits. In order to be able to carry out the granting of credit, there must be an agreement or credit agreement between the Bank as a creditor and the customer receiving credit as a debtor, using the terms and conditions mutually agreed upon by both parties in the credit agreement. The problems in this research are: how is the responsibility of the Bank for the auction of mortgage executions that have been canceled by the Court, how is the analysis of the judge's legal considerations in the decision Number 24/Pdt.Bth/2017/PN STP on the execution of mortgage auction objects that cannot be controlled by the winner auction, How is the legal protection for the winner of the mortgage auction for the execution of the auction object that cannot be controlled due to a court decision. This research is normative in nature, therefore research is needed which is a main plan in the development of science. This method is done by researching library materials or secondary data as the basic material for research The results show: there are two factors that influence the cancellation of mortgage auctions by the stabat district court, namely internal factors and external factors. Internal factors, such as: The parties who were not present during the trial which made the judge conclude that the parties did not have good faith in the trial so that the district court judge canceled the results of the mortgage auction. External factors, such as: where the bank auctions the mortgage object below the limit value of the object so that it does not match the value of the auction object so that the judge cancels the execution of the mortgage auction. The legal consequence of the cancellation of the mortgage auction is that the auction winner cannot control the object of the mortgage auction so that the auction winner gets a loss for the execution of the auction.

Implementasi Hukum Terhadap Pembatalan Lelang Eksekusi Hak Tanggungan

The purpose of this research is to assess how the implementation of the cancellation of the auction of the execution of dependent rights on a piece of land in Sukadamai Village of Natar District of South Lampung Regency based on Decision Number: 39/ Pdt.Bth / 2019 / PN. Kla? and what are the factors inhibiting the implementation of the cancellation of the auction of the execution of dependent rights on a piece of land in Sukadamai Village of Natar District of South Lampung Regency based on Decision Number: 39/Pdt.Bth/2019/Pn.Kla.? Research methods use normative and empirical juridical approaches. The types of data used are secondary data and primary data. Data collection through library research and field research. The data analysis used is qualitative juridical. The results of the study showed that the auction can be canceled if the auction process is not in accordance with the correct procedure, this can only be canceled by a court ruling with permanent legal force (provisional). The provisions are in accordance with the sound in Article 24 of the Regulation of the Minister of Finance Number 106 / PMK.06 / 2013. The legal consequences arising against the auction object is the return of the auction object to its original status, namely as a guarantee object held by the holder of the Dependent Rights certificate. The right of the winner of the auction to the auction item that has been won by him will be lost and the item will return to its original status to the auction seller.

Multidirektionale Assemblage

Abstract Multidirectional Assemblage: Boris Khersonskii’s Family Archive Boris Khersonskii’s most acclaimed and translated volume of poetry Semeinyi arkhiv [Family Archive] (2003/2006) consists of semi-fictional miniatures narrating the sufferings of the members of a Southwest-Ukrainian Jewish Family in the short 20th century. The speaker’s laconic tone invites less of a trauma-studies approach to the Stalinist Great Terror and the Shoah than a media-sensitive update of the formalist focus on material devices and the determination of meaning from below. This contribution proposes to read Family Archive as an assemblage of imagined material media (photographs, letters, auction objects) which trace multidirectional vectors of commemoration. It proposes the notion of directionality for resolving the undecidability of referential and a-referential readings of quasi-documentary poetry.

Legal Protection for Auction Winners of Liability against Transition of Land Rights Certificates

In this journal the author has two objectives in this research, first, To find out and analyze the legal protection of the auction winner of mortgage rights in the transfer of land rights certificates and To find out and analyze the legal position of the transfer of land rights certificates for the auction winners in the construction of legal certainty. The approach method in this research is normative juridical where this research provides a detailed, systematic and comprehensive description in which the author examines and studies the norms contained in the legislation. The research specification is a descriptive analysis that is limited to efforts to reveal a problem or situation or event as it is, so that it is merely revealing facts. The data required includes primary data, secondary data, and tertiary data. Taken by data collection method, data analysis method using qualitative approach, namely understanding the data through collecting, filtering, analyzing and making conclusions on the data obtained throughout the research systematically. Based on the research, it can be concluded that legal protection for legitimate auction winners is still difficult in practice. The existence of disputes and lawsuits from land owners does not provide legal certainty of the status of the auction object being sold where buyers who have good intentions participate in the auction process and have fulfilled their obligations but sometimes cannot immediately enjoy the goods purchased. Although the acquisition of the object of the auction in the form of a Mortgage object is in accordance with the procedural and legally valid, however, the administrative requirements at the Land Office cannot be carried out due to the status quo.