TINJAUAN HUKUM TERHADAP PEMENANG LELANG HAK TANGGUNGAN YANG OBJEKNYA TIDAK BISA DI EKSEKUSI (Suatu Studi di KPKNL Kendari)

Abstract

1) To find out and understand the legal protection for the winner of the mortgage auction whose object cannot be executed and 2) To find out and understand the factors that influence the object of the mortgage auction that cannot be executed. This study was conducted at KPKNL Kendari and the data obtained from both field studies and literature were examined using qualitative descriptive analysis methods, namely the data obtained will be described according to the actual situation, what respondents said both verbally and in writing which will be studied and studied as a whole unit, to then be analyzed to answer what is in this study. Based on the research that has been done, the discussion research that legal protection for the winner of the mortgage execution auction is provided by Vendu reglement which is the main legal basis for auctions in Indonesia, HIR, and PMK Number 106/PMK/06/2013 concerning amendments to PMK Number 93/PMK.06/2010 concerning the implementation of auctions and PMK Number 93/PMK.06/2010 concerning instructions for implementing auctions. The auction minutes do not provide legal protection for the winner of the mortgage execution auction over control of the auction object. Preventive legal protection is provided by vendu reglemen to the winner of the auction of execution of mortgage rights for the transfer of auction object rights, as well as PMK Number 106/PMK/06/2013 concerning amendments to PMK Number 93/PMK.06/2010 concerning auction implementation and PMK Number 93/PMK.06/2010 concerning auction implementation instructions, which provide the principle of legal certainty to the winner of the auction of mortgage rights execution, where this technical regulation states that an auction that has been carried out in accordance with applicable provisions cannot be canceled. slow.