LEGAL ASPECTS OF AUCTION CONCERNS AS ASSETS AUTHENTIC IN THE EXECUTION AUCTION OF LIABILITY RIGHTS

Abstract

This study aims to analyze the extent to which the power of the auction minutes as the authentic deed in the auction of mortgage rights execution can be used to fulfill the creditors 'rights to pay off creditors' receivables when the debtor defaults, the minutes of auction already have executorial power and to know and analyze the obstacles and solutions for implementing the treatise. auction as an authentic deed in the auction for execution of mortgage rights.

This research uses a normative juridical approach, which is an approach from the point of view of secondary data sources, in this case the laws and regulations and legal theories. The specification of this research is descriptive analytical because this research is intended to provide a clear, detailed, systematic and comprehensive description of the whole process.

Based on the research, it was found that minutes of auction constitute an authentic deed which can be proven legally enforceable and therefore should not be contested.Evidence of the auction minutes as authentic deeds is evidenced by article 165 HIR and article 285 of the RBG which states that the autenti deed was made by or in front of a powerful public official. This is also strengthened by article 1868 of the Civil Code which states that an authentic deed is a deed made in the form determined by law by or before a public official in power so thatThe Minutes of Auction Deed have executorial power as the basis for the execution of the auction decision. Obstacles in implementing the minutes of auction are divided into juridical obstacles based on Article 20 paragraph 1 of Law No. 4/1996 and non-juridical obstacles from the attitude of the debtor who does not comply with the auction decision.

Keywords: Auction, Mortgage, Minutes of Auction