Prasetia, Mahatir Hardi (2023) Analisis Pelaksanaan Lelang Eksekusi atas Objek Hak Tanggungan Berdasarkan Peraturan Menteri Keuangan Nomor: 213/pmk.06/2020 Tentang Petunjuk Pelaksanaan Lelang. Other thesis, Universitas Islam Riau.

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Abstract

uction based on the regulation of the minister of finance NUMBER: 213/PMK.06/2020 is the sale of goods open to the public with a written and/or oral price bid that increases or decreases to reach the highest price, which is preceded by an Auction Announcement. Execution Auction is an auction to carry out court decisions or determinations, other documents likened to it, and/or implement the provisions in laws and regulations. The auction based on Minister of Finance Regulation No. 213/PMK.06/2020 states that auctions that have been carried out in accordance with the provisions of laws and regulations, cannot be canceled". One example of a case in the implementation of an execution auction for a dependent object based on Minister of Finance Regulation No. 213/PMK.06/2020 is in Court Decision Number 1292 K/Pdt/2018. In the case of Court Decision Number 1292 K / PDT / 2018, the Plaintiff disputes that the auction execution which was held on Tuesday, September 20, 2016 at the KPKNL Pekanbaru office had violated several things, namely the auction was only attended by 1 participant, namely Defendant IV and Defendant IV declared as the winning buyer of the auction. then the plaintiff said that the auction was not carried out in accordance with the procedures / provisions of the Minister of Finance of the Republic of Indonesia No. 93 / PMK.06 / 2010. The focus of the problem in this study is how the process of implementing the Execution Auction on Dependent Rights Objects Based on the Minister of Finance Regulation Number 213 / PMK.06 / 2020 concerning auction implementation guidelines. The type of research used is normative juridical. The legal materials used are primary and secondary legal materials. The author conducts analysis by providing interpretation and linking to the opinions of experts and applicable laws and regulations, the results of other people's research then the author draws conclusions using the Inductive method, which is to draw conclusions from things that are specific to things that are general. The results showed that for creditors who default according to positive law in Indonesia, if it has been properly warned but the Debtor does not also pay its obligations, the Bank through the legal provisions contained in Article 6 and Article 20 of the Law, will conduct an Auction process against the Debtor's Guarantee. The implementation of the Execution Auction on the Object of Dependent Rights in Court Decision Number 1292 K / Pdt / 2018 is not in accordance with the applicable laws and regulations, because based on Article 25 of the Minister of Finance Regulation (PMK) Number 213 / PMK.06 / 2020 concerning Auction Implementation Guidelines which reads "Auctions that have been carried out in accordance with statutory provisions, cannot be canceled.

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