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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-12 | 438-443
Original Research Article
Reconstruction of the Determination of Collateral Object Auction Price in Indonesia Based on Justice Value
Moh Djarkasih, Gunarto, Anis Mashdurohatun, Muhammad Ngazis
Published : Dec. 7, 2020
DOI : 10.36348/sijlcj.2020.v03i12.003
Abstract
This research aim is to examine and analyze the weaknesses of the implementation of the auction execution of the object of the Mortgage especially in determining the auction price which is not yet based on Justice Value to then create a reconstruction of the execution auction of the Guarantee Rights in determining the auction price based on justice value. This research uses the method of empirical juridical approach where the data used in this study are primary data and secondary data, using qualitative analysis. The results showed that the weaknesses can be seen in Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land and Article 43 and Article 44 of the Minister of Finance Regulation No.27 / PMK.06 / 2016 concerning the Implementation Guidelines for Auction in determining the limit value made by an independent appraiser is in fact without any supervision by the supervisory agency for that and also without clear regulations regarding how to determine the auction price / auction limit value. To be able to resolve this, it is necessary to reconstruct the execution of the guarantee of the Guarantee Rights in determining the auction price based on Justice Value, namely in Article 6 and Article 20 paragraph (2) of Law No. 4 of 1996 concerning Mortgage Rights for Land and Objects Related to Land and Article 43 and Article 44 of the Minister of Finance Regulation No. the debtor and the creditor and if the auction price is not agreed upon, the settlement regarding the determination of the auction price shall be settled through the court so that the determination of the auction price can met the justice value.
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