PROSES PELAKSANAAN LELANG TANAH DAN BANGUNAN SESUAI PASAL 6 UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN PADA KPKNL SEMARANG

Abstract

The study aimed to investigate and to analyze the process of implementing land and building auction based on article 6 of responsibility right on KPKNL Semarang, to investigate and to analyze the lawsuit of disobeying law action in the auction by emphasizing the auction cancelation, to investigate and to analyze the law reality of lawsuit decision for the auction cancelation in court. Background. Several risks emerged could be effect of auction implementation. One of them was the civil lawsuit of the auction execution of article 6 of responsibility right regulation. It was stated that in lawsuit, the creditor regarded that the auction implemented by KPKNL had no any fair principle so that it needed law certainty in form of law decision. Research Method. The study was conducted with approach of analytical descriptive, which was a procedure or problem solving of the study conducted by describing the problem. The setting of the study was in KPKNL Semarang. Method of analysis used in the study was qualitative analysis and elaborated descriptively by using framework using method of jurisdiction view. It was data analysis deductively by analyzing data in general gotten to take specific decision. Conclusion. The first stage done by responsibility right auction implemented was that the holder of responsibility right auction proposed auction document to KPKNL by enclosing general and specific requirement document of the responsibity right auction object. The law decision of the law case No. 72/Pdt.G/2015/PN.Jpa, law case No. 33/Pdt.G/2018/PN.Unr, law case No.31/Pdt.G/2018/PN.Dmk, law case No. 20/Pdt.G/2019/PN.Pwd, law case No. 70/Pdt.G/2018/PN.Smg. of the five lawsuit, they had law decision been the justice decision by KPKNL Semarang, the one proposing lawsuit, the proposed lawsuit had to implement the decision, so it had law certainty and law fairness of land and building ownership. The justice decision stated that auction conducted by KPKNL Semarang was action done procedurally and the law formality had several reasons; those were: auction was a mechanism of market. In determining price, it merely was determined by demand and offer mechanism. The auction officials could not reject the auction proposal proposed. Auction conducted by auction official was by order, meaning that there must be proposal from the proposer/seller. Keywords: auction decision and responsibility right