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Legal Certainty for Auction Winners Regarding the Execution of the Object of the Dependent Rights

Dinny, Octafiani and Putri, Fania Marchela and Imelda Rafsodia, Khoviyatu Imaniffatillah and Dadan, Taufik Fathurohman and Gusti, Yosi Andri (2025) Legal Certainty for Auction Winners Regarding the Execution of the Object of the Dependent Rights. Interdisciplinary Social Studies, 4 (2): 013. pp. 1-6. ISSN 2808-5051

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Abstract

This research discusses the legal certainty for the winner of the auction on the execution of the object of mortgage rights, especially in the context of bad credit in banking institutions. When the debtor defaults, the creditor has the right to execute the security object through auction based on Article 6 of Law No. 4 of 1996 and Article 200 HIR. Although the winner of the auction is legally valid, there are often obstacles in the physical control of the auction object due to the debtor's unwillingness to hand over the object. The research used empirical juridical method with Gustav Radbruch's legal theory approach to assess aspects of justice, certainty, and legal benefits. It was found that legal protection for auction winners includes preventive and repressive aspects, but the implementation of real execution in the field still faces various challenges, such as complex administrative processes and potential third-party claims. Therefore, regulatory improvements and inter-agency coordination are needed to ensure effective legal certainty for auction winners.

Keywords: Legal Certainty, Auction Winner, Mortgage Execution

Item Type: Article
Subjects: G Geography. Anthropology. Recreation > GA Mathematical geography. Cartography
G Geography. Anthropology. Recreation > GB Physical geography
H Political and Social Sciences > H Social Sciences (General)
H Political and Social Sciences > HA Communication Sciences (General)
H Political and Social Sciences > HB Public Administration (General)
H Political and Social Sciences > HC Economic History and Conditions
H Political and Social Sciences > HD Industries. Land use. Labor
H Political and Social Sciences > HF Commerce
K Law > K Law (General)
K Law > KD England and Wales
K Law > KD England and Wales > KDC Scotland
K Law > KF United States Federal Law
K Law > KZ Law of Nations
Z Bibliography. Library Science. Information Resources > Z004 Books. Writing. Paleography
Z Bibliography. Library Science. Information Resources > Z665 Library Science. Information Science
Divisions: Fakultas Hukum
Depositing User: Unnamed user with username fh
Date Deposited: 04 Aug 2025 04:17
Last Modified: 03 Oct 2025 04:03
URI: https://eprints.ugj.ac.id/id/eprint/1096

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