juridical analysis of auction implementation based … · 1927/227 articles 206-228, rib / hir...
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International Journal of Humanities, Religion and Social Science ISSN : 2548-5725 | Volume 2, Issue 4 2018 www.doarj.org
29 www.doarj.org
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
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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
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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
Juridical Analysis of Auction Implementation Based on Limit Value (Study of Decision
of Yogyakarta District Court Number: 75/PDT.G /2011/PN.YK)
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
Juridical Analysis of Auction Implementation Based on Limit Value (Study of Decision
of Yogyakarta District Court Number: 75/PDT.G /2011/PN.YK)
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
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