Perlindungan Hukum bagi Pemenang Lelang Hak Tanggungan terhadap Penguasaan Objek Lelang oleh Debitur

Abstract

The implementation of the auction of the execution of the right of dependency is a mechanism for settling non-performing loans that provides an opportunity for creditors to obtain repayment of their receivables through the sale of collateral objects. However, in practice, problems are often found in the form of still being controlled by the auction object by the debtor after the auction, so that the auction winner who has obtained juridical rights has not been able to physically control the object. This study aims to analyze the form of legal protection for auction winners over the auction object of the dependent rights that are still controlled by the debtor and to examine the legal position of the auction winner on the control of the auction object after the auction and the transfer of rights are legally carried out. The method used is normative research with legislative, case, and conceptual approaches. Primary legal materials include Law Number 4 of 1996 concerning Dependent Rights, Minister of Finance Regulation Number 122/PMK.06/2023 concerning Guidelines for Auction Implementation, Civil Code, and other related regulations. Secondary legal materials are obtained from the scientific literature. The analysis was carried out qualitatively using a descriptive method. The results of the study show that legal protection for auction winners consists of preventive and repressive protection.  Preventive protection is realized through the issuance of auction minutes as an authentic deed and the provision of information about the condition of the auction object before the auction is held. Repressive protection is provided through the mechanism of execution of the auction object emptying based on Article 200 paragraph (11) of the Criminal Code if the debtor refuses to hand over the object voluntarily. In addition, the auction winners are recognized as buyers in good faith. After the auction is carried out legally, the auction winner has legal status as the new and legal owner of the object of dependent rights and has the right to acquire ownership of the auction object, change the name, control and make full use of the auction object. Debtors who still control the auction object have lost the legal basis to maintain the control. Therefore, it is necessary to implement effective emptiness execution to ensure the fulfillment of the rights of the auction winner, and increase public confidence in the auction mechanism for the execution of dependent rights.