Pelaksanaan Lelang Eksekusi Hak Tanggungan Melalui Aplikasi E-Auction (Penawaran Lelang Tanpa Kehadiran Peserta Lelang) Di Kantor Pelayanan Kekayaan Negara Dan Lelang Pekanbaru

Endratno, Endratno (2019) Pelaksanaan Lelang Eksekusi Hak Tanggungan Melalui Aplikasi E-Auction (Penawaran Lelang Tanpa Kehadiran Peserta Lelang) Di Kantor Pelayanan Kekayaan Negara Dan Lelang Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

Auction execution security rights over land and buildings under Section 6 of Act Mortgage executed by the State Property Office and Auction (KPKNL) Pekanbaru to offer without the presence of participants auction (e-auction) is an innovative modern services auction to meet the needs of society as electronic influenced by technological developments. E-auctions are an effective means to increase the sale of the collateral the proceeds of which lender / seller as a debt of the debtor. This study aims to determine the legal arrangements of the auction execution security rights over land and buildings using e-auction in particular the implementation of the elements of the auction as well as the principles and objectives of the use of technology. The results showed that e-auction conducted KPKNL Pekanbaru on the execution of the security rights over the land and buildings do not meet the elements of the auction and is not in accordance with the principles. The result shown it is stated preventively that the State Property Office and Auction in Pekanbaru only guarantees the legal protection of Auction Buyer by submitting the auction treatise excerpt after the Auction Buyer completing the obligations to pay such as the required duties. Repressively, when the buyer cannot hold the object of the auction, the auction buyer is allowed to submit the grosse auction treatise by proposing a discharge execution through the courts. Meanwhile, Land Office Pekanbaru stated that the legal protection of the Auction Buyer is determined under the Article of 531 based on the Civil Code Book II in which goodfaithis the principle of the legal protection. To that end, it is expected the government through the Ministry of Finance prepare legal guidelines on e-auction in order not to conflict with the higher laws by entering the substance of the determination of the auction price based competition / price competition, as well as designing the e-auction for easy use and the auction participants can understand your rights and obligations.

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