Settlement of Auction Disputes over Land and Building Collateral Objects

Abstract

The implementation of the auction still faced many obstacles and lawsuits that lead to auction disputes against the object of the Guarantee Rights. The purpose of making this article is to find out how land and building guarantee auction disputes occur for the object of the Mortgage and how to resolve it. The qualitative approach method is descriptive analytical namely describing systematically factually and accurately regarding the settlement of auction disputes in accordance with the legislation, then the legal facts are analyzed. The research revealed and showed that the conduct of auctions often results in disputes. The auction will affect the parties involved as auctioneer, namely the Bank as the creditor, the State Wealth and Auction Service Office (KPKNL), and the National Land Office. This of course will also affect public confidence in legal certainty in the implementation of the auction. The auction in this case the KPKNL, uses the basis of the Execution Parate, as well as through the fiat court. Parate execution based on Article 6 of the Mortgage Law which is supported Regulation of the Minister of Finance concerning Technical Guidelines for Implementation of Tenders, is expected to be implemented properly so that legal certainty can be achieved. Apart from that, settlement of an auction dispute for the object of the Mortgage Rights is carried out by selling under hand, this is based on Article 20 paragraph (2) UUHT Number 4 of 1996, "The right to sell on one's own power" the object of the Mortgage.