PEMBATALAN AKTA RISALAH LELANGEKSEKUSI HAK TANGGUNGAN DI PENGADILAN NEGERI SLEMAN

• Main Authors: , Vera Wongsonegoro, S.H, , Dr. Sutanto, SH., MS.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• 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
• Institution: Universitas Gadjah Mada

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.