juridical analysis of auction implementation based … · 1927/227 articles 206-228, rib / hir...

International Journal of Humanities, Religion and Social Science ISSN : 2548-5725 | Volume 2, Issue 4 2018 www.doarj.org

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JURIDICAL ANALYSIS OF AUCTION IMPLEMENTATION BASED ON

LIMIT VALUE (STUDY OF DECISION OF YOGYAKARTA DISTRICT

COURT NUMBER: 75 / PDT.G / 2011 / PN.YK)

Rizkan Hasimi,* Dr. H. Sudiarto, SH., MH,

** Dr. L. Wira Pria Suhartana, SH.,MH.

**

*Postgraduate program Legal Study and Notaries, Mataram University, Indonesia

**Lecture of Law Faculty Mataram University, Indonesia

Email correspondence: [email protected]

Abstract: The objective of this research is to analyze the legal basis of auction implementation

in Indonesia and to analyze judge’s consideration in Decision Number 75 / Pdt.G / 2011 /

PN.YK about auction object disputes. The type of research is the type of normative research by

making field data as complementary data. By using the approach of the Statute Approach and

Conceptual Approach. Result of research The legal basis of auction implementation in

Indonesia is General Regulation such as: Book of Civil Law Law, RGB (Regulation of Law of

Event for the Outside of Java and Madura) Stbl. 1927/227 Articles 206-228, RIB / HIR

(Updated Registrations of Indonesia) Stbl. 1941/44 Article 195-208, Law Number 19 Year 1997

concerning Tax Collection under Forced Labor as amended by Law Number 19 Year 2000, Law

Number 49 Prp Year 1960 concerning State Receivable Management Committee Articles 10

and 13 , Presidential Instruction Number 9 Year 1970 on Sale and or Transfer of Goods Owned

/ Controlled by State, Banking Act No. 10 of 1998, Law No. 4/1996 on the Deposit Rights, Law

Number 42 Year 1999 concerning Fiduciary Security, Act Number 4 of 1998 concerning

Bankruptcy. While the Special Rules include: Vendu Reglement (Regulation Auction) Stbl.

1941: 3 dated 1 April 1908, Vendu Instructie (Instruction Auction) Stbl. 1930: 84, Law Number

20 of 1997 on Non-Tax State Revenue dated May 23, 1997, Regulation of the Minister of

Finance No. 118 / PMK.07 / 2005 concerning Hall No. 106 / PMK.06 / 2013. The judge’s

consideration in Decision Number 75 / Pdt.G / 2011 / PN.YK on the auction of auction object

on page 22 reads that, under Article 23 paragraph (2) the Decree of the Minister of Finance

which determines the limit value is the seller, whereas M. Yahya Harahap , SH in his book

Scope of Civil Code Execution Problem, p. 148 says “One aspect of the practice that

determines the minimum price benchmark is the seller (creditor), otherwise holds to the

formulation of article 9 of the first paragraph of the Auction Regulation (St. 1908 No. 189) that

the authority to determine the value of the limit is the supervisor of the Auction Office.

According to the provisions of Article 1 Paragraph (28) of Decree of the Minister of Finance

No. 27 / PMK.06 / 2016 concerning the Auction implementation instructions (PMK PPL), the

limit value is the minimum price of goods to be auctioned and stipulated by the Seller. As well

as in the process, the value of the limit is determined by the salesperson assisted by a third

party. This is an appropriate step so that it can better ensure the achievement of justice for the

parties, especially the debtor party as the object of guarantee will be at auction.

Keywords: limit value, auction

Juridical Analysis of Auction Implementation Based on Limit Value (Study of Decision

of Yogyakarta District Court Number: 75/PDT.G /2011/PN.YK)

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I. INTRODUCTION

Along with the development of the banking world and guarantee institutions that cannot

be separated from the risks of problems arising, in the implementation and service of auction of

guarantee goods are required to be improved in order to follow the development and cultural

changes that occur in society, both from the facilities and infrastructure and resources human

implementers and legal instruments so as to ensure legal certainty for the parties concerned with

the implementation of the auction. The development and changes in the implementation as well

as various matters related to the auction in following the development of the community can be

seen, among others, from the change of formulation of the auction in the legislation governing

it.1

In Article 1 Stb. No. 1908 189 includes the following formulation of the auction: “To

enforce this rule and the implementation rules further stipulated under this rule” public sale “are

publicly traded auctions and merchandise with increased price quotes, with the approval of a

declining price or by the registration of the price, or where the persons invited or previously have

been notified of the auction or sale, or the opportunity given to the auctioneer or the buyer to

bargain or register.2

In the Regulation of the Minister of Finance No. 93 / PMK.06/2010 on the Auction

Implementation Guide Article 1 Number 32 states that every legal act of transition of land rights

must be proved with a proof of transfer of rights. In the transfer of rights through the auction,

evidence of the transfer of rights is set forth in an auction. Auction Minutes are minutes of

auction events made by Auction Officials who are authentic deeds and have perfect proofing

power.

By making a sale with the auction there are several benefits that are gained by the

community. Benefits that can be obtained from the auction that is fast and efficient, safe, fair,

realizing a reasonable price because it uses the bidding system and provide legal certainty

because it is implemented by auction officials and made auction minutes as an authentic deed

used for the process of turning the name to the winning bidder . Fast and efficient, because

before the auction process done always proceeded by the announcement of the auction so that

participants can gather at the time of the auction is held. Safe, because in the auction process

witnessed by the leadership and implemented by the General Officer appointed by the

Government that is independent. Fair, this is because it is open or transparent and objective. In

the auction implementation there are several parties involved in it, namely Buyer, Seller, Auction

Official (formerly called Auctioneer), and Auction Supervisor (formerly called Superintendent).

But there are still many obstacles and problems that arise in the implementation of them

are the winners of auctions that have good intentions cannot get and enjoy the goods that have

won. This is because the sale of Guaranteed Insurance objects through the auction is still open

which will cause the possibility of a lawsuit and uncertainty over the ownership of the auction

object.

As in Decision Number: 75 / Pdt.G / 2011 / PN.YK in the verdict reads:

1. Whereas on 01 June 2011 PARA PENGGUGAT get letter of Notification from Sleman

District Court about Auction Execution with register of case No 04/Pdt.Del.L/2011/PN.

1 Ria Desmawati Rianto. Kajian Yuridis Pembatalan Lelang Eksekusi Karena Nilai Limit Rendah. Journal. Master Thesis of the

Notary Universitas Brawijaya. p. 3 2 Rochmat Soemitro, Peraturan dan Instruksi Lelang: Stb.08-189 Peraturan Lelang/Vendureglement (Penjualan di muka umum

di Indonesia) sebagaimana telah diubah dengan Stb. 40-56 jo. Stb 41-3, (Bandung: Eresco, 1987), p. 106



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Slmn Jo No. 12/Pdt.Eks.HT/2010/PN.YK and attachments to the First Auction

Announcement of the Sleman District Court, and Letter no. 594/YGY-PIMP/VI/2011 dated

June 10, 2011 from PT. BANK BUKOPIN, Tbk Yogyakarta Branch located at Jl.

Diponegoro No. 99/111 Yogyakarta on Notification of Implementation of Guarantee

Auction in Sleman District Court and Letter from State Office of Auction and State Offices

(KPKNL) Yogyakarta. S.927/WKN.09/KNL.06/2011 dated May 30, 2011 on the Stipulation

of the Auction Schedule on Tuesday July 05, 2011 at the Sleman District Court against the

land of disputed object which for many years became the sole place of residence of the

PLAIN and its family

2. That further the ACCUSED and ACCUSED in the auction process does not apply the

principle of transparency and openness, because the auction of mortgages is announced

through the Provincial Daily Newspaper of 1st June 2011 issue on the first announcement

and edition of June 16, 2011 on the second announcement of the PLAIN get the attachment

of the announcement of the newspaper as the auction announcement in general, so that

seemed to be covered up what is actually.

And in Decision Number: 75/Pdt.G/2011/PN.YK won the defendant against Article

217 paragraph (1) R.Bg and Article 200 paragraph (6) HIR namely announcement of

moving goods auction by attaching auction notice on bulletin boards or announcements

through newspapers and other mass media.

In the auction process using the Limit Price, the Auction Officer is authorized to

authorize the highest bidder as a Purchaser if the bid has reached or exceeded the specified

Limit Price. Article 23 paragraph (2) the Minister of Finance Decision which determines

the limit value is the seller while in Article 9 the first paragraph of the Auction Regulation

(St. 1908 No. 189) that the authority to determine the limit value is the supervisor of the

Auction Office. Based on this, there is a conflict of norms between Article 23 paragraph

(2) Kep. The Minister of Finance determining the limit value is the seller while in Article

9 the first paragraph of the Auction Regulation (St. 1908 No. 189) that the authority to

determine the value of the limit is the supervisor of the Auction Office.

The objective of this research is to analyze the legal basis of auction implementation

in Indonesia and to analyze judge’s consideration in Decision Number

75/Pdt.G/2011/PN.YK about auction object disputes.

II. THE THEORY AND CONCEPT FRAMEWORK

The theory and concept as a blade analysis in this study is

2.1 Theories

2.1.1 Theory of Legal Protection

According to Satjipto Raharjo, the protection of the law is to provide guidance against

human rights which are harmed by others and the protection is given to the community to enjoy

all the rights granted by law.3

Salim HS and Erlies Septiana Nurbani, argued that the theory of legal protection is a

theory that examines and analyzes the existence or form or purpose of protection, the subject of

protected law and the object of protection provided by law to the subject.4

3 Satjipto Raharjo, Ilmu Hukum, PT. Citra Aditya Bakti, Bandung, 2000, p. 54.



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2.1.2 The Theory of Legal Certainty

The definition of legal certainty according to E. Fernando M. Manulang suggests the

definition of legal certainty is a value that in principle provides legal protection for every citizen

of arbitrary power, so that the law gives responsibility to the state to run it in this case appears

the relationship between the issues of legal certainty with the country.5

Certainty in understanding has the meaning of a provision, or provision, whereas if the

word certainty is combined with the word law becomes legal certainty, which has a meaning as a

provision or legal provision of a country that is able to guarantee the rights and obligations of

every citizen. Normatively a legal certainty is when a rule is created and enacted as it is clearly

defined and logical. Clearly, in the sense that there is no doubt (multi interpretation) and logical

does not cause clash and haziness of norm in norm system with each other. The blurring of

norms arising from the uncertainty of the rule of law can be multi-interpretation of something in

a rule.

2.1.3 The theory of justice

Aristotle distinguished justice into distributive justice and commutative justice.

Distributive justice is justice demanding that everyone gets what is rightfully, so it is

proportional. Here what is considered fair is if everyone gets what is rightfully proportionately.

Thus distributive justice is concerned with the determination of rights and equitable sharing of

rights in relations between society and the state, in what sense the state should give to its

citizens.

John Stuart Mill presents the theory of justice. He points out that 6:

“There is no theory of justice that can be separated from the demands of expediency. Justice is a

term given to rules that protect claims that are essential to the welfare of society, claims to hold

pledges equally treated, etc.”

2.2 Concept

2.2.1 Auction

The term auction comes from the Dutch language, which is vendu, while in English, it is

called auction.7 Other terms are translations of Dutch openbare verkooping, openbare veiling, or

openbare verkopingen, meaning “auction” or “public sale”.

The juridical definition of “auction” can be found in the provisions of Article 1 number 17

of Law no. 19 of 1997 on Billing of Tax by Forced Letter how has been changed with Law no.

19 of 2000, which states that “auction” is “any sale of goods in public by way of oral or written

price quotes through the collection of enthusiasts or prospective buyers”.

In accordance with the development, the meaning of the auction may also be found in the

provisions of Article 1 point 1 of the Regulation of the Minister of Finance No. 93/PMK.06/2010

concerning the Auction Directive as amended by Regulation of the Minister of Finance No.

106/PMK.06/2013 stating: the auction is the sale of goods open to the public with an increased

or decreasing written or/or written price bid to achieve the highest price, preceded by the

Auction Announcement “.

4 Salim HS dan Erlies Septiana Nurbani, Penerapan Teori Hukum Pada Penelitian Tesis dan Disertasi, Ed. 1, Issue. 3, PT.

RajaGrafindo Persada, Jakarta, 2014, p. 263. 5 Manullang, E.Fernando M., 2007, Menggapai Hukum Berkeadilan, Kompas, Jakarta. p. 41 6 Ibid. 7 Salim H.S. 2004. Perkembangan Hukum Jaminan di Indonesia. Jakarta: PT Raja Grafindo Persada, p. 237.



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2.2.2 Limit

According to Big Indonesian Dictionary, the limit is defined as the limit. The concept of

limits is indeed related to boundaries. Limit Value is the minimum price of goods to be auctioned

and stipulated by the Seller / Owner of the Goods.

Government Regulation Number 44 Year 2003 states that in the auction process using

Limit Price, the Auction Officer is authorized to ratify the highest bidder as Buyer if the bid

submitted has reached or exceeded the specified Limit Price. Each auction implementation shall

be subject to the corresponding Auction Dosage.

III. RESEARCH METHODS

The type of research used by the authors is the type of normative research by making

field data as complementary data.

The research approaches used by the authors in this study are:

a. Statute Approach

b. Conceptual Approach

IV. DISCUSSION

4.1 Legal Basis of Auction Implementation in Indonesia

4.1.1 Auction History

The auction in Indonesia is officially recognized as the enactment of Vendu Reglement (Stbl

1908 No. 189 amended by Stbl.1940 Number 56) by the Dutch East Indies government, effective

on 1 April 1908, which is still in effect today, as a rule the highest governing the auction items

under Article II of the transitional rules of the 1945 Constitution.8

At the time of the birth of the Vendu Reglement (the Auction Regulation) there was no

Volksraad (such as the People’s Legislative Assembly), so the only thing that made the

Reglement almost identical to the Verordening is closer to the rules governing the principles and

the principal, the Reglement when viewed more or less equal to Verordening. Although the

Vendu Reglement is a regulatory-level government regulation, it is the highest auction rule, so it

is not wrong if the Vendu Reglement is called the Auction Act.9

Both Vendu Reglement and Vendu Instructie (Instruction Auction) are still valid as the legal

basis for auction implementation and as the basis for the birth of various regulations and technical

auction provisions made by the government in the form of decisions and regulations of the

Minister of Finance. Since the establishment of Vendu Reglement Year 1908, the auction unit is

within the Ministry of Finance of the Government of the Netherlands Indies (Inspection of Auction

Affairs) with direct position and responsibility under the Minister of Finance. Later in its

development after entering the independence period of the Republic of Indonesia (hereinafter

referred to as RI), the State Auction Unit is under the guidance of the Directorate General of

Taxation (hereinafter referred to as DJP) (1960) under the name of the State Auction Office

(hereinafter referred to as KLN) and the Year 1970 replaced its nomenclature become KLN. Since

April 1, 1990, the State Auction Unit has been incorporated under the State Receivables and

Auction Agency (hereinafter referred to as BUPLN) which changed its nomenclature to the

Directorate General of State Receivables and Auctions (hereinafter referred to as DJPLN) in 2000.

8 Ibid., p. 45-46 9 Rachmadi, Usman, Aspek-Aspek Hukum Perbankan Indonesia, Gramedia Pustaka Utama, Jakarta, 2001, p. 5



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The latest by Regulation of the Minister of Finance No. : 445 / PMK.01 / 2006 on Organization of

the Ministry of Finance, DJPLN changed to Directorate General of State Assets (hereinafter

referred to as DJKN) and its operational offices are changed to KPKNL.10

4.1.2 Regulations on Auctions

a. General rules

That is the legislation that does not specifically regulate the auction but there are articles in it

that regulate the auction, namely:

1. Book of the Civil Code

In the KUHPdt (Book of Civil Code) Stbl. 1847/23 set forth in the following articles:

Article 389, 395, 1139 (1), 1149 (1). Auction sales are not specifically regulated in the Civil

Code but include treaties named outside the Civil Code. Auction Sales is governed by the terms

of the Civil Code of sale and sale as governed by the III Criminal Book Code of Engagement.

Article 1319 of the Indonesian Civil Code states that all agreements with either a special name,

or an unknown name, are subject to general rules. Article 1319 distinguishes agreements on

named treaties (nominate) and unnamed agreements (innominate). Article 1457 of the Civil

Code, formulating the sale and purchase is an agreement, with which one party binds himself to

submit a material, and the other party to pay the promised price. The sale and purchase

agreement is an agreement made between the seller and the buyer. In the agreement the seller is

obliged to deliver the object of sale and purchase to the buyer and is entitled to receive the price

and the buyer is obliged to pay the price and is entitled to receive the object.

The auction contains elements listed in the definition of sale and purchase of legal

subjects, i.e. sellers and buyers, the agreement between sellers and buyers about goods and

prices; the existence of rights and obligations arising between the seller and the buyer. The

essence of the auction and the sale and purchase is the delivery of goods and payment of the

price. The auction sale has its own identity and characteristics, with special arrangements in

Vendu Reglement, but the basis of partial auction sales still refers to the Civil Code provisions

concerning the sale and purchase, so the sale of the auction shall not be contrary to the general

principle or doctrine contained in civil law, as affirmed in Article 1319.

2. RGB (Regulation of Procedural Law for the Outside of Java and Madura) Stbl. 1927/227

Articles 206-228

3. RIB / HIR (Updated Registrations of Indonesia) Stbl. 1941/44 Articles 195-208

Based on Article 224 HIR / 258 RBG. Where the execution procedure for immovable

goods is as follows:

a) Application of execution that must be submitted clearly and completely including the

amount of debtors debtors;

b) The Court shall issue a Declaration of Warning (aanmaning), Stipulation of Execution

Sita and Auction Stipulation;

c) Announcement of auction conducted 2 x 15 days on a local general or national daily;

d) The price of the limit shall be determined by the Court after obtaining a referral from

the Kelurahan for the land and the related offices to build and see from the value of

NJOP (Tax Object Selling Value).

10 Ibid., p. 6



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4. Law No. 19/1997 concerning Tax Collection under the Correctional Letter as amended by

Act Number 19 of 2000

Between Law Number 19 Year 1959 (Law No. 19/1959) with Law Number 19 of 2000

(Act No. 19/2000) there must be similarities and differences.

5. Law No. 49 PRP Year 1960 on State Receivables Management Committee Articles 10 and

13

6. Presidential Instruction Number 9 Year 1970 on Sale and or Transfer of Goods Owned/ Owned

by the State

The Center for State Property Management (BMN) has been required to increase its

commitment in the management of BMN within the Ministry of Public Works, both in the

administration, security, strengthening, and security of all significant BMNs. But it cannot be

denied, that in many businesses encountered various kinds of problems surrounding the

management of BMN.11

7. Banking Act no. 10 Year 1998

The imposition of a Deposit Insurance Contract using an authentic deed is the Deed of

Assignment Rights (APHT) made by and before the PPAT, then registered at the District Land

Office (BPN) of the district or municipality, the Land Affairs Office shall record it in the

Landrights Book entitled to the Deposit Rights then issue Certificate of Mortgage Right, which

has executorial power that can be used by Holders of Custodian (Creditor) to execute the Object

of Mortgage Object in case of bad credit. In the event of non-performing loans, the consequences

arising if there is no registration of the guarantee of the Mortgage Right shall result in the loss of

the right for the creditor to execute the object of guarantee of Mortgage Rights and there is no

legal force binding or protecting the bank to take the debtor’s debt repayment from the sale at

auction. If the registration of Guarantee of Mortgage Insurance is applied vice versa and there is

strong legal protection for the bank in the case of proof of debt settlement of the debtor so that

the bank does not suffer losses caused by the debtor.12

8. Law No. 4/1996 on the Deposit Rights

UUHT is a unification effort of the legal institution of guarantee. This law entitles the

creditor of the First Depositary to sell the object of the Insured Right to his / her own powers if

the debtor breaches the promise to be executed through a short and simple process, which can

basically be done by auction and not through the fiat execution of the court recalled the sale

under article 6 of this Mortgage Act is an act of execution of the agreement.13

Based on Article 20 UUHT, alternative settlement of non-performing loans guaranteed by

the Deposit Rights can be done with 3 alternatives:

a) Auction Sales Object Rights Dependence On Their Own Strength By First Dependence

Holders.

b) Auction of Objects of Court Deposit Rights.

11These issues include Law No. 17/2003 on State Finances, Law No. 01/2004 on State Treasury, Government Regulation No.

06/2006 on Management of State / Local Government Enterprises, Financial Permen No. 120 / PMK.06 / 2007 on Administration

of BMN, and PMK No. 96 / PMK.06 / 2007 on Procedures for Implementation of Use, Utilization, Elimination and Transfer of

BMN (Center for Public Communication of the Ministry of Workers of Umu 2005). permasalahan Seputar Pengelolaan Barang

Milik Negara. 12 Arya Manggala Yudha, 2014. Eksekusi Lelang Objek Hak Tanggungan Akibat Kredit Macet Pada P.T. Bank Rakyat Indonesia

(Persero)Tbk Cabang Jember, Thesis Universitas Jember 13 State Debt and Auction Affairs Agency, Ministry of Finance of the Republic of Indonesia, Circular Letter Number: SE / 23 /

PN / 2000 concerning Guideline for Implementation of Auctions of Mortgage Rights, item 2.



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c) Sales Under Hands

9. Law Number 42 Year 1999 regarding Fiduciary Security

The execution is regulated in Article 19 Paragraph (1) of the Fiduciary Guarantee Act, in

the event that the Debtor or Fiduciary Giver is subject to default, the execution of the object to

which the fiduciary assurances may be made is by:

a) Implementation of executorial title by Fiduciary Receiver;

b) Sale of objects subject to fiduciary assurances to the powers of the Fiduciary Receivers

themselves through public tender and to take their receivables from the proceeds of sale;

c) Under-hand sales made under the agreement of Father and Receiver of Fiduciary to

interested parties and announced at least in 2 (two) newspapers circulating in the area

concerned.

10. Law Number 4 of 1998 concerning Bankruptcy

Bankruptcy covers the entire wealth of the debtor at the time of the declaration of

bankruptcy declaration is pronounced and everything acquired during bankruptcy (Article 21 of

Law Number 37 Year 2004). There are two kinds of debtor assets that do not include bankruptcy

property. The property is a debtor’s asset referred to in Article 21 of Law Number 37 Year 2004

and assets not owned by the debtor14

148 and 149). The management of the bankruptcy property

is done by the curator specified in the decision of the bankruptcy statement. The management of

the bankruptcy property of the curator is instantaneous, valid at that time as from the date of the

bankruptcy verdict. In conducting the management of bankrupt property, the curator with the

approval of a supervisory judge may request sealing of bankruptcy property to the court. The

sealing is done by the bailiff and witnessed by 2 (two) witnesses, one of whom is the

representative of the local government (Article 100 paragraph (1) and 20 of Act Number 37 Year

2004). One of the duties of the curator in handling the property of bankruptcy is the sale of the

property. Law No. 37 of 2004 in Article 185 introduces two ways of selling bankrupt assets,

selling publicly intended under the hands with the permission of a supervisory judge.

Selling in public means that the sale is done by the auction office in this case the

auctioneer. While selling under the hands can be in various ways, among others through

negotiations, free tender or a limited tender, advertising in the newspaper, and the use of

professional sales agents. Sale under the hands of a bankrupt customer is a sale without the

involvement of an auction office official. The sale of bankruptcy property by the receiver may

occur for the reason that the proceeds of the sale to cover the cost of bankruptcy, the containment

of goods resulted in a loss, the bankrupt property is not required for the sustainability of the

debtor’s business. The sale of the bankruptcy property by the receiver may also occur that the

sale is in the period of suspension of such debt or sale auction in the framework of the ordering

of the bankruptcy property.15

b. Special Rules

Special regulation is the legislation that specifically regulates the auction, namely:

1. Vendu Reglement (Regulatory Auction) Stbl. 1941: 3 dated 1 April 1908.

2. Vendu Instructie (Instruction Auction) Stbl. 1930: 84.

3. Law Number 20 Year 1997 on Non-Tax State Revenue dated May 23, 1997.

14 Munir Fuady, (2005), Hukum Pailit, PT. Citra Aditya Bakti, Bandung. p. 148 -149 15 Ibid, p. 156



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4. Regulation of the Minister of Finance No. 118 / PMK.07 / 2005 on Hall jo NUMBER 106 /

PMK.06 / 2013.

4.2 Judge Consideration in Decision Number 75 / Pdt.G / 2011 / Pn.Yk About Auction Object

Dispute

Judge’s consideration in Decision Number 75 / Pdt.G / 2011 / PN.Yk after granting the

partial lawsuit as in its verdict reads:16

IN PROVISION

Stating Provision is unacceptable

IN CONTENTION IN EXCEPTION

Reject the Defendant’s and Defendants’ Defense for the whole

IN CIGARETTE

a. Declare the Plaintiff’s claim to be granted partially

b. Declare legally the land and buildings located on Jl. Kaliurang Km.5 Gang Megatruh No. 18

RT.10 RW.04 Desa Catur Tunggal Kec. Depok Kab. Sleman Province D.I. Yogyakarta as

mentioned in Certificate of Property No.5859 Situation Picture N0.8539 / 1995 of 662 m2

an. Plaintiff 1, with the following limits:

North : Road

East : Mr. Sitorus’s house

To the South : Blank Land and Home Mr. Mulyani Broto Suharjo

West side : Mr. Imam Pamuji’s house

Is a land of disputed objects.

c. Refuse the lawsuit for other than and beyond

IN RECONSTRUCTION

Declare a Plaintiff’s claim to be rejected for the whole;

IN CONCEPTION AND RECONCILIATION

Punishing the Plaintiff of the Defendant / Defendant of Reconstruction to pay a court fee of Rp

995,000.00 (nine hundred and ninety-five thousand rupiah).

From the verdict above the author tries to examine what the judges consider in the decision as

above is as follows:

IN CIGARETTE

Considering, that the purpose and objective of the Plaintiff’s lawsuit is as mentioned

above;

Considering that, in the posita of the Plaintiff’s claim, principally argues that the Plaintiff

is the owner of the land and building located on Jl. Kaliurang Km.5 Gang Megatruh No. 18

RT.10 RW.04 Desa Catur Tunggal Kec. Depok Kab. Sleman, an area of 662 m2. On September

18, 2007, the land became collateral for the Deposit Rights at Bank Bukopin Tbk. Cab.

Yogyakarta. That the Defendant and the Defendant had committed the act unlawfully because as

long as the Customer of the Bank Bukopin the Plaintiff never got any agreement so as not to

know the burden of debt borne and on June 1, 2011 The Plaintiff received notice from the

16 Putusan Nomor : 75/Pdt.G/2011/PN.Yk. p. 45-46



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Sleman District Court about Auction Execution and in the implementation, the Defendant and

the Defendants did not apply Transparent principles because the Plaintiffs did not receive the

attachment of auction announcement and the value of the auction below the normal price to the

detriment of the Plaintiffs;

As reaffirmed by the testimony of Witness 2: MUHAMMAD RAHADI, explains:17

a. Whereas the witness will explain the appraisal / value of the assets of the object of dispute of

the Plaintiff I in this case, the counting done by the witness and the team

b. That the witness represents the MASRONI SINGAISDAM Public Assessment Service

Office, upon the request of the Plaintiff I, the witness and the teams assess the property and

property of the Plaintiff I without reducing or exceeding. The counting of the witnesses

carried out by comparing them with the comparison data;

c. Whereas the assessment result in June 2011 on the land of 662 m2 (six hundred sixty two

square meters) and the 430 m2 (four hundred thirty square meters) building is approximately

Rp 2,700,000,000 (two billion and seven hundred million rupiah ) with details of land value

of Rp 1,900,000,000.00 (one billion nine hundred million rupiahs) and buildings valued at

Rp 718,000,000.00 (seven hundred and eighteen million rupiah);

d. Whereas from the calculation the result shows that the liquidation value for the land

amounts to Rp 1,500,000,000.00 (one billion and five hundred million rupiahs) and the

building is around Rp 700,000,000.00 (seven hundred million rupiah) so the total value of

liquidation is Rp 2,100. 000,000.00 (two billion one hundred million rupiah);

e. Whereas the value of Liquidation is the selling value performed by a bank when the asset

(asset) is pledged in the bank

f. Whereas the witness compared it to a house which is approximately equal to the price of the

land and buildings owned by Plaintiff I. The comparable house is a house located not far

from the location of the plaintiff’s land and building;

g. Whereas in conducting the counting, the witness asked the local RT Chairman and the local

Village Head regarding the estimated price of land and buildings;

h. Whereas the value of calculating a good cannot be changed, raised or lowered

i. Whereas the profession of an asset counter is incorporated into a container of professional

organizations;

j. That the asset counter team owned by a bank is not a member of the professional

organization and the Bank calculates itself and if the bank miscalculates its legal remedies;

k. Whereas to become a price estimator special requirements such as certificates are required;

l. Whereas witness works in Aditya Independent Appraisal Office;

m. Whereas when the witness assesses the price of land owned by Plaintiff I, there is no other

party such as the court or PT. Bank Bukopin Branch of Yogyakarta requesting the

calculation of the asset

n. Whereas at that time the witness and the team worked at the request of the Plaintiff I only

o. That at that time the judge was not a witness but a witness

p. Whereas for the bank, the value of liquidation is the selling price quickly when the debtor is

stalled;

q. Whereas if the land and buildings belonging to Plaintiff I and the value team worth

Rp.163,000,000.00 (two billion one hundred and sixty three million rupiahs) are fair prices;

17 Ibid, p. 29



39 www.doarj.org

r. Whereas the result of price estimates that the witness made is binding on the community and

the bank

s. Whereas the witness is aware of the mechanism of credit granting by the bank to the debtor,

that the provision of credit with the guarantee of land and building is usually the bank in

giving credit always look above the value of liquidation but below market value, but not

always because it depends on the bank will also make what kind of mechanism;

t. That it means that appraisal results are not forced, sometimes worn, sometimes not used;

u. Whereas the witness did not know that the plaintiff’s land and buildings have been

auctioned;

v. Whereas the witness who determines the limit price for the goods to be auctioned is

appraisal;

w. Whereas the estimated price of each Asset Value Service Office may differ but the price

difference is usually not much different. It is thus seen also from the condition of the

building, for example housing a similar house then the price can be similar;

x. Whereas anyone can file a request for calculating asset value to the Asset Value Service

Office;

Considering that for the argument of the Plaintiff’s lawsuit concerning the object of

dispute is land and building located on Jl. Kaliurang Km.5 Gang Megatruh No. 18 RT.10 RW.04

Desa Catur Tunggal Kec. Depok Kab. Sleman, an area of 662 m2. In this case, both parties have

declared on 18 September 2007 the land becomes collateral for the Guaranteed Rights in Bank

Bukopin, Tbk. Cab. Yogyakarta so that therefore the land of disputed object is not disputed, then

for petitum 3 can be granted.18

Author’s analysis:

In this case the judge to grant the petition of the plaintiffs on petitum 3 is appropriate

because the object has been placed the right of Dependency for the credit in Bank Bukopin.

Then judge’s judgment:19

Considering whereas based on Article 23 paragraph (2) Kep. Finance minister who

determines the limit value is the seller, while M. Yahya Harahap, SH in his book Scope of

Problems Execution Civil Sector, p. 148 says “One facet of the practice that determines the

minimum price benchmark is the seller (creditor), otherwise holds to the formulation of article 9

of the first paragraph of the Auction Regulation (St. 1908 No. 189) that the authority to

determine the value of the limit is the supervisor of the Auction Office”

In the execution auction of the object of mortgage must be done openly or transparently

in determining the limit value included in the determination of the value of the auction limit must

be included by the owner to determine the value of the limit in order to achieve a sense of justice

between the creditor and the debtor.

In the auction, there are many terms used. One of them is the limit value, based on the

provisions of Article 1 Paragraph (28) of the Minister of Finance Decree Number

27/PMK.06/2016 concerning the auction implementation instructions (PMK PPL) mentioned the

limit value is the minimum price of goods to be auctioned and stipulated by the Seller. Limit

18 Ibid, p. 39 19 Ibid, p.42



40 www.doarj.org

value is one of the conditions that must exist in the auction process unless otherwise set by PPK

PPK. In the process, the limit value is determined by the third party assisted salesperson.20

Furthermore, Regulation of the Minister of Finance No.27 / PMK.06 / 2016 concerning

the Auction Guidance Instruction there are important notes on the limit value, namely:

1. Limit Price (to be included in the auction announcement).

Note:

a. The reserved price is the minimum price of the auction item determined by the seller /

owner of the goods to be achieved in an auction.

b. The auction price is the highest bid price that the buyer has to pay.

c. The limit pricing is open / non-confidential and must be included in the auction

announcement (for auction of execution.

d. The limit price may be open I is not confidential or may be closed/confidential as per

the Seller’s / Owner’s Goods (for non-voluntary execution auction).

2. The determination of the limit value shall not be the responsibility of KPKNL or Class II

Auction Official (article 44 paragraph 4);

3. Limitations Limit value that must use Assessment Report:

a. For a Voluntary Non-Voluntary Auction of goods in the form of land and / or building

shall be at least Rp. l.000.000.000,00 (one billion rupiah), the preceding rules do not

limit (article 45 letter a);

b. Specifically for Execution Auction Article 6 UUHT, Fiducia Guarantee Execution and

Execution of Bankrupt Property to Rp. l.000.000.000,00 (one billion rupiah), the

previous rule is Rp. 300,000,000.00 (three hundred million rupiah) (article 45 letterb);

Limit value for Execution Auction Article 6 UUHT, Execution of Fiduciary Guarantee

and Execution of Bankrupt Property shall be set at least equal to the value of liquidation

(art. 49);

Under Regulation of the Minister of Finance No. 27/PMK.06/2016 on the Auction

Directive, the limit value shall be determined by the Seller based on the appraisal result of the

appraiser, where the lowest auction limit value shall be in accordance with the liquidation value

so that the auction office has the authority to reject the application the auction submitted by the

Seller if it does not conform to a predetermined standard. Based on the provisions of Article 1

Paragraph (28) of Decree of the Minister of Finance No. 27/PMK.06/2016 concerning the

instruction of the Auction (PMK PPL) stipulation, the limit value is the minimum price of goods

to be auctioned and stipulated by the Seller. As well as in the process, the value of the limit is

determined by the salesperson assisted by a third party. This is an appropriate step so that it can

better ensure the achievement of justice for the parties, especially the debtor party as the object

of guarantee will be at auction. So that in the verdict number: 75/Pdt.G/2011/PN.YK this all

judge’s consideration the author of the taste is right.

V. CONCLUSION

The legal basis for auction implementation in Indonesia is the General Regulations

including: Book of Civil Code, RGB (Regulation of Procedural Law for the Outside of Java and

Madura) Stbl. 1927/227 Articles 206-228, RIB / HIR (Updated Registrations of Indonesia) Stbl.

1941/44 Article 195-208, Law Number 19 Year 1997 concerning Tax Collection under Forced 20 Ria Desmawati Rianto, Kajian Yuridis Pembatalan Lelang Eksekusi Karena Nilai Limit Rendah. Journal, Master Program of

Post-Graduate Notary Faculty of Law Universitas Brawijaya



41 www.doarj.org

Labor as amended by Law Number 19 Year 2000, Law Number 49 Prp Year 1960 concerning

State Receivable Management Committee Articles 10 and 13 , Presidential Instruction Number 9

Year 1970 on Sale and or Transfer of Goods Owned / Controlled by State, Banking Act No. 10

of 1998, Law No. 4/1996 on the Deposit Rights, Law Number 42 Year 1999 concerning

Fiduciary Security, Act Number 4 of 1998 concerning Bankruptcy. While the Special Rules

include: Vendu Reglement (Regulation Auction) Stbl. 1941: 3 dated 1 April 1908, Vendu

Instructie (Instruction Auction) Stbl. 1930: 84, Law Number 20 of 1997 on Non-Tax State

Revenue dated May 23, 1997, Regulation of the Minister of Finance No. 118 / PMK.07 / 2005

concerning Hall No. 106 / PMK.06 / 2013.

Judge’s consideration in Decision Number 75/Pdt.G/ 2011/PN.YK on the disputed auction

object on page 22 reads that, under Article 23 paragraph (2) Kep. Finance minister who

determines the limit value is the seller, while M. Yahya Harahap, SH in his book Scope of

Problems Execution Civil Sector, p. 148 says “One aspect of the practice that determines the

minimum price benchmark is the seller (creditor), otherwise holds to the formulation of article 9

of the first paragraph of the Auction Regulation (St. 1908 No. 189) that the authority to

determine the value of the limit is the supervisor of the Auction Office. According to the

provisions of Article 1 Paragraph (28) of Decree of the Minister of Finance No. 27 / PMK.06 /

2016 concerning the Auction implementation instructions (PMK PPL), the limit value is the

minimum price of goods to be auctioned and stipulated by the Seller. As well as in the process,

the value of the limit is determined by the salesperson assisted by a third party. This is an

appropriate step so that it can better ensure the achievement of justice for the parties, especially

the debtor party as the object of guarantee will be at auction.

REFERENCE

Books

Ria Desmawati Rianto. Kajian Yuridis Pembatalan Lelang Eksekusi Karena Nilai Limit Rendah.

Journal. Master Theses Notary of the University of Brawijaya.

Rochmat Soemitro. 1987. Peraturan and Instruksi Lelang: Stb.08-189 Peraturan

Lelang/Vendureglement (Penjualan di muka umum di Indonesia) sebagaimana telah

diubah dengan Stb. 40-56 jo. Stb 41-3. Bandung: Eresco

Satjipto Raharjo. 2000. Ilmu Hukum. PT. Citra Aditya Bakti, Bandung

Salim HS and Erlies Septiana Nurbani. 2014. Penerapan Teori Hukum Pada Penelitian Tesis

dan Disertasi. Issue 1, Prints 3. PT. RajaGrafindo Persada, Jakarta

Manullang, E.Fernando M. 2007. Menggapai Hukum Berkeadilan. Kompas, Jakarta.

Salim H.S. 2004. Perkembangan Hukum Jaminan di Indonesia. Jakarta: PT Raja Grafindo

Persada

Rachmadi, Usman. 2001. Aspek-Aspek Hukum Perbankan Indonesia. Gramedia Pustaka

Utama, Jakarta

State Agency for Receivables and State Auctions, Finance Department of the Republic of

Indonesia, Circular Letter Number: SE / 23 / PN / 2000 concerning Implementation

Guidance on Mortgage Rights Auction, item 2.

Munir Fuady. 2005. Hukum Pailit. PT. Citra Aditya Bakti, Bandung.

Regulation



42 www.doarj.org

1945 Constitution of the State of the Republic of Indonesia;

Civil Code (Burgelijk Wetboek);

Vendu Reglement (Regulatory Auction) Stbl. 1941: 3 dated 1 April 1908

Vendu Instructie (Instruction Auction) Stbl. 1930: 84.

Law No. 4 of 1996 on the Deposit Rights

Law Number 20 Year 1997 on Non-Tax State Revenue dated May 23, 1997

Regulation of the Minister of Finance No. 119/PMK.07/2005 concerning Second Class Auction

Officials

Regulation of the Minister of Finance No. 41/PMK.07/2006 concerning Class I Official Auctions

Regulation of the Minister of Finance No. 106/PMK.06/2013 concerning Amendment to the

Regulation of the Minister of Finance No. 93/PMK.06/2010 concerning the Auction

Implementation Guidelines

Academic Paper of Auction Bill, Ministry of Finance of the Republic of Indonesia Directorate

General of State Receivables and Auctions, Legal Bureau-Secretariat General, (Jakarta:

February 18, 2005),

Government Regulation Number 44 of 2003 on Tariff of Non-Tax State Revenue in force at the

Ministry of Finance. If at the time the Minister of Finance Regulation is in force, there is

an auction request that has been specified schedule of auction implementation, and then the

auction is carried out in accordance with the provisions of the old legislation.

Judgment of the Yogyakarta District Court Number: 75/Pdt.G/2011/PN.YK.

Other sources

Arya Manggala Yudha. 2014. Eksekusi Lelang Objek Hak Tanggungan Akibat Kredit Macet

Pada P.T. Bank Rakyat Indonesia (Persero)Tbk Cabang Jember, Thesis Universitas

Jember

Purnama T Sianturi, Tanggung Jawab Kantor Lelang Negara, Penjual, Pembeli dan Balai

Lelang Dalam Penjualan Aset Bada Penyehatan Perbankan Nasional (Studi Kasus di

Kantor Lelang Negara Medan Kurun Waktu 1999-2000), Thesis, Post Graduate

Universitas Sumatera Utara, Medan, 2002.

Ria Desmawati Rianto. Kajian Yuridis Pembatalan Lelang Eksekusi Karena Nilai Limit Rendah.

Journal. Master Thesis of the Notary Universitas Brawijaya.

Ikke Purnamasari, 2012. Tinjauan Yuridis Terhadap Penetapan Harga Limit Lelang Eksekusi

Barang Jaminan Pada Perum Pegadaian (Studi Kasus Perum Pegadaian Cabang

Kuningan Jawa Barat). Master Thesis of the Notary Universitas Gadjah Mada.

Nadia Ananda Elsanti, 2015. Pembatalan Pelaksanaan Lelang Eksekusi Hak Tanggungan.

Faculty of Law Universitas Hasanuddin Makassar.

juridical analysis of auction implementation based … · 1927/227 articles 206-228, rib / hir...

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