Rizkan Hasimi, Dr. H. Sudiarto, SH., MH, Dr. L. Wira Pria Suhartana, SH.,MH.

Abstract:

The objective of this research is to analyze the legal basis of auction implementation in Indonesia and to analyze judge’s consideration in Decision Number 75 / Pdt.G / 2011 / PN.YK about auction object disputes. The type of research is the type of normative research by making field data as complementary data. By using the approach of the Statute Approach and Conceptual Approach. Result of research The legal basis of auction implementation in Indonesia is General Regulation such as: Book of Civil Law Law, RGB (Regulation of Law of Event for the Outside of Java and Madura) Stbl. 1927/227 Articles 206-228, RIB / HIR (Updated Registrations of Indonesia) Stbl. 1941/44 Article 195-208, Law Number 19 Year 1997 concerning Tax Collection under Forced Labor as amended by Law Number 19 Year 2000, Law Number 49 Prp Year 1960 concerning State Receivable Management Committee Articles 10 and 13 , Presidential Instruction Number 9 Year 1970 on Sale and or Transfer of Goods Owned / Controlled by State, Banking Act No. 10 of 1998, Law No. 4/1996 on the Deposit Rights, Law Number 42 Year 1999 concerning Fiduciary Security, Act Number 4 of 1998 concerning Bankruptcy. While the Special Rules include: Vendu Reglement (Regulation Auction) Stbl. 1941: 3 dated 1 April 1908, Vendu Instructie (Instruction Auction) Stbl. 1930: 84, Law Number 20 of 1997 on Non-Tax State Revenue dated May 23, 1997, Regulation of the Minister of Finance No. 118 / PMK.07 / 2005 concerning Hall No. 106 / PMK.06 / 2013. The judge’s consideration in Decision Number 75 / Pdt.G / 2011 / PN.YK on the auction of auction object on page 22 reads that, under Article 23 paragraph (2) the Decree of the Minister of Finance which determines the limit value is the seller, whereas M. Yahya Harahap , SH in his book Scope of Civil Code Execution Problem, p. 148 says “One aspect of the practice that determines the minimum price benchmark is the seller (creditor), otherwise holds to the formulation of article 9 of the first paragraph of the Auction Regulation (St. 1908 No. 189) that the authority to determine the value of the limit is the supervisor of the Auction Office. According to the provisions of Article 1 Paragraph (28) of Decree of the Minister of Finance No. 27 / PMK.06 / 2016 concerning the Auction implementation instructions (PMK PPL), the limit value is the minimum price of goods to be auctioned and stipulated by the Seller. As well as in the process, the value of the limit is determined by the salesperson assisted by a third party. This is an appropriate step so that it can better ensure the achievement of justice for the parties, especially the debtor party as the object of guarantee will be at auction.

Keywords:  limit value, auction

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