Abstrak :
Minutes of Auction are minutes of the course of public sales or auctions that
are compiled regularly and accounted for by the Auction Officer and the parties
(sales and purchases) in the implementation of the auction. One example of the
implementation of the auction is found in district court decision number
6/pdt.g/2018/PN Dmk. The Demak District Court stated that the Minutes of Auction
and Copies of Minutes of Auction did not have legal force because Defendant IV
had acted carelessly and inaccurately regarding the size of the land being
auctioned. The Semarang High Court Decision stated that Defendant IV only had
to correct the Minutes of Auction regarding the size of the land.The research
method used is normative juridical using statutory approach, case approach and
conceptual approach. The data used in this research is secondary data obtained
from literature research including primary, secondary, and tertiary legal sources.
The data collection method used in this research is by means of library research.
The results of the research obtained are the Application of Minutes of
Auction for the execution of Mortgage Rights in banking in District Court Decision
number 6/pdt.g/2018/pn dmk is appropriate with the PMK for the implementation
of the auction because the minutes of the auction issued by the auction official do
not contain a land certificate (SKT) / Land Registration Certificate (SKPT) from
BPN Demak Regency. In the Semarang High Court decision number
332/pdt/2019/pt smg, the application of the minutes of auction is less precise with
the PMK for the implementation of the auction because the SKT / SKPT does not
exist or is not listed so it is canceled. However, in the decision of the Semarang
High Court, the minutes of the auction were validated with improvements to the
land area, causing losses to the debtor, namely the reduced land area so that the
value received was less.
The legal implication of the validity of the Minutes of Auction in the District
Court decision number 6/pdt.g/2018/pn dmk is that it has no legal implications
because in the court's decision the Minutes of Auction and a copy of the Minutes of
Auction are not legally enforceable. For the parties, the auction object is back in
the debtor's ownership, there is still a mortgage on behalf of the creditor, the
auction winner's right to the auction object ends, and the money paid is returned
by the creditor. In High Court number 332/pdt/2019/pt smg, it has legal
implications for the auction winner's Levering process because the Minutes of
Auction and Copies of Minutes of Auction are legally valid, so that the Levering
process continues and the credit agreement and Mortgage Rights end.
Keywords: Mortgage Execution, Minutes of Auction, Levering
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