PEMBATALAN AKTA RISALAH LELANGEKSEKUSI HAK TANGGUNGAN DI PENGADILAN NEGERI SLEMAN
Basically treatise deed auction is an authentic deed so as to have strength of evidence and perfect binding. In other words, the deed does not require the minutes of the auction other evidence to prove its validity. The purpose of this study was to 1) knowing that a basic consideration Sleman Distri...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/125803/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=65981 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | Basically treatise deed auction is an authentic deed so as to have strength
of evidence and perfect binding. In other words, the deed does not require the
minutes of the auction other evidence to prove its validity. The purpose of this
study was to 1) knowing that a basic consideration Sleman District Court judge to
cancel the execution of the deed of mortgage minutes of the auction, 2) knowing
that the legal consequences arising with the minutes of the cancellation deed
auction execution of mortgage, 3) knowing that the legal protection for buyers in
this auction the winning bidder.
This research is a normative law of the legal research done by examining
library materials or secondary data alone. The data collection techniques used in
the study are: 1) documentary studies, 2) interviews with Sleman District Court
judges. Data analysis was performed using qualitative methods by pulling the
principles of law contained in the positive law in general, associated with Court
Decision Number 94/Pdt. G/2005/PN.Sleman proceedings of cancellation Treatise
Deed Auction of Mortgage Execution.
Based on the results of this study concluded that: 1) The basis for the
consideration of the judge to cancel the execution of the deed of mortgage
minutes of the auction as an authentic deed, namely: a) the presence of defects in
the manufacture of the will power of attorney as the basis for the initial transfer of
land rights - first, b) the unlawful deed of the defendant in an effort to transfer of
land unlawfully. 2) The legal consequences of the cancellation of the minutes of
the auction execution deed of mortgage is that the mortgage is considered the
auction execution never took place and restored to its original state before the
execution of the auction. 3) Protection of the auction buyer in this case the
winning bidder has been set firmly in the auction rules. Auction rules provide
strong legal protection for good faith purchasers auction. |
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