PENGUMUMAN DAN PELAKSANAAN LELANG PADA KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (KPKNL) PADANG (Studi Kasus Lelang Sita Eksekusi Putusan Pengadilan Negeri No. 80/Pdt.G/1987/PN.PDG, jo No. 114/Pdt/1988/PT.PDG, jo No. 24K/Pdt/1989)
| Main Authors: | , Syahrian Nairis, SH, , Dwi Haryati, S.H., M.H., |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/91183/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53720 |
Daftar Isi:
- The research aims at identifying the announcement and implementation of auction executed by Office of State Assets and Auction Service Branch of Padang against the seized auction execution of Padang District Court. The research belongs to juridical sociological (empiric) research, which is carried out by interviewing the respondents to gain primary data and supported by conducting library study, which functions as benchmarks for certain norms to gain secondary data. The data were then analyzed qualitatively and presented descriptively. The research concludes that the announcement of seized auction execution by Padang District Court Class I A to the Office of State Assets and Auction Service Branch of Padang was conducted two (2) times for the case being studied. There were denials from the respondent of execution on the announcement of the first auction due to the sale value objects to be auctioned which are too high compared with the value of debt owned by the respondent. The dispute which was still in the process of cassation also became the reason for the respondent's denials. The second auction announcement was made after the decision of cassation and legal review were issued by the Supreme Court which remained in favor of the applicant. The first auction announcement was made on different objects from the second auction announcement. Although the objects to be auctioned were objects of bank guarantee, there were no denials in the second auction announcement due to the limited time. Thus, the respondent and the bank did not get the time to do the rebuttal, and the auction can be implemented. The implementation of the auction was conducted in stages, i.e.: auction bidding stage, the determination of auction cost and poor money, setting the buyer, the payment and deposit from the buyer, delivery of title deed from the seller to the buyer, and finally, the making of proceedings of the auction. The auction carried out by Padang District Court belongs to seized auction execution where the auction results were submitted to the seller.