Konstruksi Perlindungan Hukum Terhadap Pembeli Lelang Eksekusi Hak Tanggungan (Studi Kasus Perkara Perdata di Kantor Pelayanan Kekayaan Negara Dan Lelang Yogyakarta)

Sopiyan, Aris Rochmad and ., Wardah Yuspin, S.H, M.Kn., Ph.D and ., Dr. Kelik Wardiono, SH., M.Hum (2018) Konstruksi Perlindungan Hukum Terhadap Pembeli Lelang Eksekusi Hak Tanggungan (Studi Kasus Perkara Perdata di Kantor Pelayanan Kekayaan Negara Dan Lelang Yogyakarta). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The purpose of this study is to find out the legal rules and forms of legal protection in Indonesia for the buyer of auction of Mortgage execution, to contribute to the idea of how an ideal model of legal protection for buyers of auction of Mortgage Execution. This type of research is done with non-doctrinal approach (socio legal research) that is conceptualized as empirical phenomenon observed in nature experience and doctrinal approach that is conceptualized as normative phenomenon with approach of inventory of positive law, found legal principle and doctrine, data used is data primary is the oral or written statement of the object of research and secondary (literature) which consists of primary, secondary and tertiary legal materials. Research has found results ie; (1) the buyer of Mortgage Execution Auction has not obtained the ideal legal protection and the fair sense of justice because there is still a possibility of denial, resistance and lawsuit. Another problem is the existence of constraints when the auction buyer will control the object of the auction. (2) The existence of legal protection construction in Indonesia for auction buyers in this case including auction of execution of Mortgage in the form of Vendu Reglement, Government Regulation, HIR, Minister of Finance Regulation, Jurisprudence of Supreme Court, Circular Letter of Supreme Court. The construction of the law above has in fact not been able to provide ideal legal protection and provide a sense of fairness of the auction buyer to enjoy his rights perfectly. The existing legal construction is still open, meaning it still gives the other party the opportunity to make a legal effort resulting in the auction buyer does not get his rights perfectly. (3) In the legal concept of "Buyers of auctions are buyers who are well-protected and therefore protected", the future needs to have a model with repair and complement existing legal constructs, namely: a) The existence of integration of auction law with other related regulations, b) Renewal of auction rules, among others, the existence of auction objects in clear and clean condition which is expected to reduce problems, c) Alternative dispute resolution,d) Consistency of Judges in deciding cases , d) Auction buyers are exempt from the litigant.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Legal protection, auction buyer.
Subjects:	X General Subject
Divisions:	Fakultas Pasca Sarjana > Magister Hukum
Depositing User:	Unnamed user with username r100140008
Date Deposited:	14 Aug 2018 04:09
Last Modified:	14 Aug 2018 04:14
URI:	http://eprints.ums.ac.id/id/eprint/66378

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