The Certificate of Building Use of Rights (Shgb) that has been out Duration of Ownership, with Execution of Sita Object Guarantee to Land

Journal of Environmental Treatment Techniques

2020, Volume 8, Issue 3, Pages: 1200-1208

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

https://doi.org/10.47277/JETT/8(3)1208

The Certificate of Building Use of Rights (Shgb)

that has been out Duration of Ownership, with

Execution of Sita Object Guarantee to Land

Heru Soetanto Putra*, Abdul Gani Abdullah, Gunawan Djajaputra

Tarumanagara University, Indonesia

Received: 16/06/2020

Accepted: 16/07/2020

Published: 20/07/2020

Abstract

The length of the civil litigation process regarding land from the District Court, the High Court to the final level and legal

protection of the assets seized as well as proof of ownership of land or building rights are certificates. Based on these problems, it can

be analyzed the validity of the execution of the object of confiscation of land against the Land Use Certificate (SHGB) that has expired

and can be analyzed what steps must be taken in protecting the assets confiscated in a civil case through the Civil Procedure Code, the

Agrarian Regulation Indonesia, Indonesian Auction Regulations. Based on this analysis, the Confiscation, Execution and Building

Rights Auction activities that have expired are the conclusions of this study.

Keywords: Confiscated object, Certificate of building, Confiscation, Civil Engineering, Auction

execution. Based on the above, the authors are interested in

Introduction

conducting research on how the legal certainty of the

execution of the object seized collateral for land that has

expired.

One of the most important factors that are clearly

considered and regulated is land management. Because the

amount is limited and the need for land continues to increase,

making land has a high value seen from any perspective,

including the perspective of sociology, anthropology,

psychology, politics, military and economics. So high land

values because humans as social beings will defend their land

in any way. Various human interests that conflict with each

other relating to the control and ownership of land rights

cause many cases of land. Problems that occur in the

community relating to the control and ownership of land

rights that require the government to make legal rules in the

field of land (1). Written land law is realized by the existence

of Law Number 5 of 1960 concerning Basic Regulations on

Agrarian Principles (hereinafter referred to as UUPA). Since

the promulgation of the UUPA, the National Agrarian Law

has revoked regulations and decisions made during the Dutch

East Indies Government, including Agrarishe Wet Stb. 1870

No. 55 and Agrarische Besluit Stb. 1870 No.118 (1), (2). In

the UUPA, the objectives of the enactment of the UU are: (1)

Laying the foundations for the drafting of the National

Agrarian Law, which will be a tool to bring prosperity,

happiness and justice to the State and the people, especially

the peasants, in the context of society just and prosperous; (2)

Laying the groundwork for establishing the unity and

simplicity of land law; (3) Laying the groundwork to provide

legal certainty regarding land rights for the whole people. The

absence of strict and comprehensive regulations that

guarantee and provide legal certainty over the execution of a

confiscated object in the form of land when the validity period

expires. So in this paper the author wants to discuss in more

detail about the transfer of land rights as objects of

confiscation due to a court decision and legal certainty over its

1 Execution of confiscated objects against land

with a certificate of right to use for a building

that has exhausted

1) Confiscation Guarantee: Sita (Beslag) is a legal action

of a court for a Defendant's movable and immovable property

at the request of the Plaintiff to be monitored or taken to

ensure that the Plaintiff's claim / authority of the Plaintiff does

not become void. (1), (2), (3). Understanding foreclosure or

conservatoir beslag stipulated in Article 227 paragraph 1

HIR, Article 261 paragraph 1 RBg (2), (3): (a) Confiscate

debtor's goods as long as a decision has not been handed

down in the case; (b) the goal is that the goods are not

embezzled or sequestered by the Defendant during the trial

process, so that when the verdict is implemented, the

repayment of the debt demanded by the plaintiff can be

fulfilled by selling the confiscated goods.

2) Collateral Confiscation Process: Confiscation of the

property of the defendant can be carried out if there is a

concern that the defendant will divert his goods. Usually it

relates to lawsuits over payment of money or delivery of

goods. With the confiscated goods, the goods (after the

decision has legal status remains excecutorial beslag will be

auctioned if the Defendant does not implement the decision

and the auction will be used to pay the plaintiff.

Guarantee seizure is confiscation that is used as a

preparation for a decision to be carried out if it has permanent

legal force (1), (2), (3), (4), (5). This is done so that later

judicial proceedings and court decisions are not in vain. The

confiscation of preparations aims to protect the disputed

property (the treasured assets) from being sold or transferring

their rights to someone else. This seizure also aims to ensure

that the lawsuit is not empty (illusory), and maintain the

Corresponding author: Heru Soetanto Putra, Tarumanagara

University, Indonesia. E-mail: herusoetantoputra@gmail.com

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2020, Volume 8, Issue 3, Pages: 1200-1208

certainty of the object of execution. In the case between the

Tangerang Dharmaputra Foundation and Tjoa Sin Goan

discussed earlier, the parties in this case the Tangerang

Dharmaputra Foundation as a Legal Entity established based

on existing legal provisions in Indonesia and Tjoa Sin Goan as

Indonesian citizens have chosen to settle disputes in the legal

field. Civil litigation with civil litigation. Civil Law is a

regulation that regulates rights and obligations between

individuals in social life. In the civil court itself, the

settlement of the case is made in the form of a decision, the

decision can be distinguished between the decision and the

decision. The verdict is used as a term in a lawsuit case, in a

lawsuit the case ends with a decision (contentious). Whereas

the determination is used in a civil case (voluntary) (6).

Settlement of cases by the parties through a civil court is in

accordance with Article 1 paragraph (3) of the 1945

Constitution of the Republic of Indonesia which states that the

Republic of Indonesia is the State of Law. Therefore, any

problems that occur must be resolved by the provisions of

applicable law. That the Dharmaputra Foundation has filed a

civil suit against the law against Tjoa Sin Goan in the

Tangerang District Court with a register number dated August

free to judge whether the reasons have objective or subjective

qualities. In addition, the plaintiff is obliged to mention the

identity of the goods submitted in the confiscation guarantee.

Request for confiscation can be submitted simultaneously

with the lawsuit, or separately in a separate letter. In this case,

the Plaintiff filed a request for confiscation of collateral

incorporated in a lawsuit dated August 26, 2010 and was

registered Number: 475 / PDT.G / 2010 / PN.TNG and also

filed a separate application in the seizure request letter dated

March 9, 2010. Reason the plaintiff in the confiscation

request:

(a) That the Petitioner is the Plaintiff who has filed a lawsuit

against the law in the Tangerang District Court with Case

Number 475 / PDT.G / 2010 / PN.TNG against Tjoa Sin

Goan as the Defendant;

(b) That the Defendant could not account for student savings

ranging from kindergarten to high school level at the

Dharmaputra Educational Foundation in Tangerang

amounting to Rp. 153,864,200 (one hundred fifty three

million eight hundred sixty four thousand two hundred

rupiahs) held in the account of Bank Ekonomi Account

Number 2692970878 in the name of the Defendant;

remaining / difference in student activities ranging from

Kindergarten to High School Level at the Dharmaputra

Educational Foundation in Tangerang in the amount of

Rp.1,144,519,645 (one billion one hundred forty four

million five hundred and nineteen six hundred forty five

rupiah) which deposited in the Bank Ekonomi account

Account Number 2602070061 in the name of the

Defendant.

6, 2010. That the Dharmaputra Foundation in addition to

filing a collateral confiscation in a civil suit also filed a

separate seizure guarantee. Submitting request for

confiscation to guarantee the payment of compensation for

damages caused by the defendant, if the verdict of the panel of

judges accepts the suit and punishes the Defendant to make

the payment. This is in accordance with the provisions of

Article 226 and Article 227 HIR or Article 720 Rv or based

on SEMA No. 5 of 1975, confiscation and order of

confiscation, starting from the request or request of the

plaintiff. In confiscating collateral, the legal basis for

confiscation of property belonging to the defendant is Article

(d) That to ensure that the Plaintiff's claim does not become

useless, confiscation of the following objects should be

placed:

27 paragraph (1) HIR / Article 261 paragraph (1) R.bg. This

Land and buildings situated at Princess Island Block VII

VII 01 No. 42 Modernland, Tangerang City on behalf of the

Defendant , along with everything that is now / or later

established on that land which due to its nature and

designation or according to custom / legal regulations (Law)

is considered as a fixed object (immovable). In submitting an

application for confiscation, the Dharmaputra Foundation as

the Petitioner also submitted evidence of documents

supporting the arguments of the petition:

a. Photocopy of Deed of Establishment of the Dharmaputra

Tangerang Education Foundation in 1980 based on deed

number 05 of 1980 made before the Notary Mrs. Nuryani

Dwi, SH dated 7 February 1980, marked P-1A;

confiscation was carried out for both the movable and

immovable property of the defendant. These items are either

in the hands of the defendant or are being controlled by

another party. In terms of the case between the Foundation

Dharmaputra Tangerang as plaintiff against Tjoa Sin Goan as

Defendant objects belonging to the defendant presented for

sequestration is the form of the object is not moving, that's a

plot of land and house located at Princess Island VII Block

VII 01 No. 42 Modernland, City Tangerang belongs to

Defendant SHGB No. 651 / Cikokol . In the confiscation of

confiscated beslag , it must be the property of the defendant,

not belonging to a third party, because what can be used as

collateral in a case is only the property of the defendant as a

litigant. The main reasons for the seizure request according to

Article 227 HIR and Article 720 Rv, namely:

b. Photocopy of Deed of Amendment to the Articles of

Association of the Dharmaputra Education Number 114

dated October 7, 1994, marked P-1B;

(

a) There is a concern or suspicion that the defendant:

c. Photocopy of Deed of Adjustment to the amendment to

the Articles of Association with Notary Deed Agus

Santoso Suryadi, SH, MH, M.Sc., M.Kn.Number 02 dated

May 2, 2007, marked P-2;

) Looking for ways to embezzle or alienate their assets;

) This was done during the case inspection process.

(

b) The concern or suspicion must be objective and

objectively reasonable:

) The plaintiff must be able to show facts about the

d. Photocopy of student savings account account deposited

in the account of Bank Ekonomi Account Number

2602070878 in the name of the Defendant, marked P-3;

e. Photocopy of proof of returning student savings totaling

Rp. 392,348,200 (three hundred million ninety two

million three hundred and forty eight thousand two

hundred rupiah) in the form of a list of names of students

returning their savings with the date and amount of the

refund, marked (P-4); Which proves the return of student

savings.

defendant's steps to embezzle or alienate his property

during the inspection process;

2) At least the plaintiff can show an objective indication

of the existence of the defendant's efforts to eliminate or

alienate the goods in order to avoid a lawsuit.

(

c) There is a close relationship between the contents of the

lawsuit and the confiscation, which if the confiscation is

not carried out and the defendant misappropriates the

assets, resulting in losses to the Plaintiff.

f. Photocopy of proof of return of student savings by

Defendant Stage I amounting to Rp. 50,000,000 (fifty

million rupiahs) marked with P-5A;

The assessment of the reasons for the confiscation petition

is the authority of the judge examining the case. Judges are

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2020, Volume 8, Issue 3, Pages: 1200-1208

g. Photocopy of proof of returning student savings by

Defendant Phase II amounting to Rp. 188,484,000 (one

hundred eighty eight million four hundred eighty four

thousand rupiah), marked P-5B;

p. Photocopy of proof of subpoena II by the Plaintiff's

attorney so that the Defendant is immediately responsible

for the student savings and the activities of the student,

marked P-11B;

h. Photocopy of receipt of loan money from the coach to be

used to return the shortage of student savings to students

and / or parents of students: 1) Rp. 153,864,200 (one

hundred fifty three million eight hundred sixty four

thousand two hundred rupiah) with details of Rp.

q. Photocopy of summons evidence III by the Plaintiff's

attorney so that the Defendant is immediately responsible

for the student savings and the activities of the student,

marked P-11C;

After the panel of judges examining the case considering

the arguments and evidence as the basis for the petition, on

March 17, 2011 issued Determination Number: 475 / PDT.G /

2010 / PN.TNG, which decided as follows: (a) to grant the

claim of confiscation of the Plaintiff as mentioned above and

(b) ordered the Registrar / Bailiff of the Tangerang District

Court or if unable to be replaced by his authorized

representative accompanied by 2 (two) witnesses who

fulfilled the requirements as specified in Article 197 HIR to

confiscate (Conservatoir Beslag) the Defendant's assets in the

form of Land and Building located on Jalan Pulau Putri VII

block VII 01 No. 42 Modernland, Kota Tangerang-Banten on

behalf of the Defendant.

50,000,000 (one hundred and fifty million rupiah) on

April 16, 2009, marked as P-6A; 2) In the amount of Rp.

,130,100 (three million one hundred thirty thousand one

hundred rupiah) on August 3, 2009, marked P-6B; and 3)

Rp. 734,100 (seven hundred thirty four thousand one

hundred rupiah) on August 29, 2009, marked P-6C.

i. Photocopy of Defendant's statement letter will be

responsible for the shortage of student savings which

cannot be returned to students who according to the

Defendant is only Rp 140,000,000 (one hundred and forty

million rupiah), marked with P-7;

j. Photocopy of student savings accounts starting from

kindergarten, elementary, junior high, and high school

level which are stored in Bank Ekonomi Account Number

Determination of the judge who states that the petition for

confiscation is one of the forms of a judge in the form of an

interlocutory p judge containing orders that must be carried

out by the parties to the litigation to facilitate the judge

completing the examination of the case, before he decides the

final decision . The interim messenger does not stand alone,

but is a unity with the final decision on the subject matter.

That the judge on a request to make injunction before

dropping the final decision with regard to the subject matter.

3) Execution of Confiscated Collateral: according to Prof.

R. Subekti is the implementation of a decision that can no

longer be changed, voluntarily obeyed by the disputing party.

So in the meaning of words, the execution already implies that

the losing party inevitably must obey the decision voluntarily,

so the decision must be forced upon him with the help of the

general power. What is meant by public power is the police

even if necessary by the military (armed forces) (4). Whereas

in the case between the Tangerang Dharmaputra Foundation

as the Plaintiff and Tjoa Sin Goan as the Defendant despite

Determination Number 475 / PDT.G / 2010 / PN.TNG dated

March 17, 2011 concerning Confiscation of Guarantees.

Furthermore, it was strengthened by Decision Number 475 /

PDT.G / 2010 / PN.TNG dated June 13, 2011 which stated

that the Confiscation Guarantee was legal and valuable. The

process of execution of objects placed as collateral for the

implementation of the fulfillment of the decision is not

necessarily able to be carried out. This is because the

execution of confiscation of collateral is carried out, if the

Defendant does not implement the decision of a judge with

permanent legal force. In the case between the Tangerang

Dharmaputra Foundation as the Plaintiff and Tjoa Sin Goan as

the Defendant, even though the Plaintiff was won in the first

instance lawsuit, the Defendant filed an appeal against the

decision (7). The Defendant who did not accept the Tangerang

District Court Decision No: 475 / Pdt.G / 2010 / PN.TNG was

read on May 4, 2011 to take legal action by submitting an

appeal. The appeal was stated in the minutes of the appeal

appeal statement on the District Court Decision No: 475 /

Pdt.G / 2010 / PN.TNG on May 9, 2011 at the Banten High

Court. Whereas the legal remedies filed by the Defendant

formally met the requirements for filing an appeal, so that it

was appropriate that the Banten High Court accepted the

appeal from the Defendant. Whereas in this case, before the

case file was sent to the High Court, the parties had been

given the opportunity to examine each case in accordance

with the notice dated August 15, 2011 and August 19, 2011.

602070061 in the name of Defendant, marked P-8;

k. Photocopy of detailed evidence of income and

expenditure of activities from kindergarten, elementary,

junior high, and high school levels as follows: 1)

Photocopy of report on the receipt of money for the

activities of the head of the education and teaching section

of the 2005/2006 school year with the difference between

the income minus the expenditure of Rp. 559,365,000 -

Rp. 196,088,630 = Rp. 363,276,370 (three hundred sixty

three million two hundred seventy six thousand three

hundred seventy rupiahs), marked with P-9A, P-9A1 and

P -9A2; 2) Photocopy of the report on the receipt of

money for the activities of the head of the education and

teaching section for the 2006/2007 school year, with the

difference in revenue and deducted by expenditure of Rp.

555,120,000 - Rp. 270,011,590 = Rp. 285,108,410, - (two

hundred eighty-five million one hundred eight thousand

four hundred and ten rupiah), marked with P-9B; 3)

Photocopy of report on receipt of money for the activities

of the head of the education and teaching division for the

007/2008 academic year, with the difference in revenue

and deducted by expenditure of Rp. 563,350,000 - Rp.

63,073,585 = Rp. 200,276,415 (two hundred million two

hundred seventy-six thousand four hundred and fifteen

rupiah), marked P-9C; and 4) Photocopy of the report on

the receipt of money for the activities of the head of the

education and teaching division for the 2008/2009

academic year, with the difference in revenue and

deducted by expenditure of Rp. 522,50,000 - Rp.

266,646,550 = Rp. 295,858,450 (two hundred ninety five

million eight hundred fifty eight thousand four hundred

fifty rupiah), marked P-9D;

l. Photocopy of evidence of the letter of deactivation of the

Defendant as the Trustees of the Tangerang Dharmaputra

Education Foundation, marked P-10A;

m. Photocopy of evidence of the dismissal of the Defendant's

letter as the Trustee of the Dharmaputra Education

Foundation in Tangerang, marked P-10B;

n. Photocopy of receipt of the Tangerang Metro District

Police Assistant Investigator, marked with P-10C;

o. Photocopy of proof of subpoena I by the Plaintiff's

attorney so that the Defendant is immediately responsible

for student savings and activities of the student, marked P-

11A;

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2020, Volume 8, Issue 3, Pages: 1200-1208

However, both the Defendants originally did not submit an

Appeal and Comparative Memory from the Plaintiff also does

not file an Appeal Memory Counter.

a. The Cassation / Appellant / Defendant / Defendant is

declared to have committed an unlawful act resulting in a

loss to the Respondent / Appellant / Plaintiff's total

amount of Rp. 1,298,383,845 (one billion two hundred

million ninety eight million three hundred eighty three

thousand rupiah eight hundred forty-five rupiah);

b. The Cassation / Appellant / Defendant / Defendant is

sentenced to compensate the Complainant / Appellant /

Plaintiff for the illegal acts committed with a total amount

of Rp. 1,298,383,845 (one billion two hundred million

ninety eight million three hundred eighty three thousand

rupiah eight hundred forty-five rupiah); at the same time

and at the latest 8 (eight) days after the decision in this

case has permanent and definite legal force;

c. The Panel of Judges in their decision based on legal

considerations stated that a valid and valuable seizure was

carried out by a bailiff in the Tangerang District Court

over:

d. A plot of land and a house is located on the road: Pulau

Putri VII Block VII 01 No. 42 Modernland, Kota

Tangerang on behalf of Defendant SHGB No. 651 /

Cikokol;

That formally before the appeal is decided by the High

Court, the appeal can be revoked by the Applicant. If the case

file has not been sent to the Court of Appeals. Revocation

submitted to the district court concerned, then by the clerk

was made the deed revocation of the appeal request. The new

verdicts obtain permanent legal force after the appeal period

ends. At the time of the appeal level there was no revocation

by the appellant (3). The parties in this case did not file an

appeal memory or counter memory appeal. In addition, there

was no revocation of the appeal submitted by the appeal

applicant. The Panel of Judges examining the case continued

the examination of the case. Because there is no appeal or

counter memory of the appeal submitted by the parties, the

panel examined the appeal based on legal considerations in

the decision issued by the Tangerang District Court Judges

who examined the case. After the High Court has observed

that all of the legal facts and / or evidence have been properly

and correctly considered by the First-rate Judges according to

the law, therefore the legal considerations of the First-Level

Judges were taken over by the High Court and used as their

own considerations in deciding this case. . Based on these

considerations, the Court of Appeal is of the opinion that the

Tangerang District Court's decision dated May 4, 2011

Number: 475 / Pdt.G / 2010 / PN.TNG for which an appeal

was appealed may be retained, therefore it must be upheld.

Whereas the verdict decided by the Panel of Judges

examining the case in Decision Number 74 / Pdt / 2011 /

PT.Btn dated October 27, 2011, namely: (a) Receive an

appeal from the Defendant originally Defendant; (b) To affirm

the Tangerang District Court Decision dated May 4, 2011

Number 475 / Pdt.G / 2010 / PN.TNG for which the appeal

was filed; (c) Punishing the Appellant Previously the

Defendant to pay the costs of this case in the two court levels,

which in the level of appeal was Rp. 150,000 (one hundred

fifty thousand rupiah).

e. Punishing the Cassation

/ Comparator / Defendant

Applicant to pay the costs incurred in the case, which until

now has been calculated as Rp. 1,177,000 (one million

one hundred seventy-seven thousand rupiah), at the First

District Court;

f. Sentencing the Kasai / Appellant / Defendant to pay this

case fee in the Court of Appeals, which in the appellate

rate is Rp.150,000 (one hundred and fifty thousand

rupiah).

g. Punishing the Cassation Appellant / Appellant / Defendant

to pay the court fee in this Cassation Decision amounting

to Rp. 500,000 (five hundred thousand rupiah).

After the cassation decision is notified to the parties to the

litigation to be implemented immediately. However, it was

not carried out voluntarily by the Defendant / Appellant /

Appellant of Cassation for the Decision on Cassation Number:

823 K / PDT / 2012. Therefore sequestration that has been

placed on the object land and buildings in Housing

Modernland Jalan Putri Island VII VII 01 Block 42, Village

Coconut Beautiful, District of Tangerang, Tangerang City,

transformed into Sita execution which means it can be run

directly without the need for the establishment of judges back.

Decision Number 74 / Pdt / 2011 / PT.Btn has been

notified to the original Appellant Defendant on November 14,

011, then on November 25, 2011 verbally stated the appeal

request, as evidently in the deed of appeal application

Number: 475 / Pdt.G / 2010 / PN. TNG and accompanied by

Cassation Memory on December 9, 2011. The Respondent of

Cassation / Plaintiff / Compared has submitted an answer to

the cassation memory dated January 10, 2012. The Supreme

Court in checking a case that after looking at the arguments

put forward by the parties to convince the judges who hear

cases and has done legal considerations. So that on 12

September 2012 makes decision n indicated in the Decision

No. 823 K / PDT / 2012 in the verdict as follows: (a) Refuse

an appeal request from the Appellant: Tjoa Sin Goan; and (b)

Punish the Cassation Applicant / Plaintiff to pay the court fee

in this cassation rate of Rp. 500,000 (five hundred thousand

rupiah). The cassation decision on the case was then notified

to the Plaintiff / Respondent of Cassation on May 2, 2013 and

to the Defendant / Cassation Appellant on 8 May 2013. That

as of the issuance and notification of the Supreme Court's

Appeals in the case between the Dharmaputra Foundation

against Tjoa Sin Goan, then the examination of the case of tort

against the law has permanent legal force, so it is obligatory to

carry out immediately. Based on the Cassation Decision

Number: 823 K / PDT / 2012, the Defendant is obliged to

implement the contents of Tangerang District Court's

Decision Number 475 / PDT.G / 2010 / PN. TNG Jo. Banten

District Court Decision Number: 74 / PDT / 2011 / PT.BTN

among them, as follows:

Auction of transfer of land rights in auction

for the certificate of building use rights that are

exhausted

.1 Legitimate transfer of rights

Auction includes a special agreement, namely a named

agreement, has its own name, namely auction. Auction is an

activity of selling agreement as it is also regulated in the Civil

Code. The elements contained in the sale and purchase are

also contained in the auction, namely: 1) the existence of legal

subjects, namely sellers and buyers; 2) there is an agreement,

namely an agreement between the seller and the buyer

regarding the price; and 3) the rights and obligations that arise

for the parties, namely between the seller and the buyer. The

most essential thing in auctions and buying and selling is the

delivery of goods which become objects in the sale and

purchase or auction and payment of the price of the object.

Basically the auction is the sale of goods to the public or in

public. Because of that, the auction is often referred to as

general sales. The fundamental difference between auctions

and buying and selling is found in the implementation

process, namely where the buying and selling process is

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2020, Volume 8, Issue 3, Pages: 1200-1208

carried out between individuals, while the auction is

conducted between individuals with the public / public.

and purchase is consensual, agreement; (3) There are goods

which are the object of buying and selling; (4) There is a

certain price agreed in the form of money; (5) It is a

consensual agreement giving rise to the rights and obligations

of sellers and buyers; (6) The transfer of ownership occurs

after the material agreement / submission based on the

minutes of auction. In the case of the case between the

Dharmaputra Foundation and Tjoa Sin Goan, auction sales

originating from the execution of collateral items, the auction

is carried out by order from the law by the authorities, not

from the owner of the goods. The essence of an auction is the

delivery of the object which becomes the object of buying and

selling or auction and payment of the price of the object. For

the Right to Build Certificate which has expired, the land is

legally the state's land, but actually there is a right attached to

the legal subject of the former right holder. The title of

building rights which have expired, can be renewed as long as

they meet the requirements for renewal of the building rights

as explained above. However, the rights holders can only

renew their rights for the object. So in the case of the case

between the Foundation Dharmaputra and Tjoa Sin Goan, the

house which lies in the way the Island Princess VII Block 01

No. mor 42 Modernland, Tangerang City, based Certificate

Broking No. 651 / Kelapa Indah the rights to the building has

ended his rights since the date February 9, 2013, then Tjoa Sin

Goan and Lenawati (Tjoa Sin Goan's wife) as the holders of

Building Use Rights Number 651 / Kelapa Indah are the only

legal subjects who have the right to submit renewal rights to

the Building Use Certificate Number 651 / Kelapa indah.

In accordance with the provisions contained in article 25

paragraph (2) PP No. 40 of 1996 which states that after the

term of the Right to Building and its extension expires, the

former right holder can be given renewal of the Right to

Building on the same land. The word after has the meaning

that after or after. After the time period has expired, it can be

interpreted that after the time period has expired or the time

period has expired. The former rights holder means Tjoa Sin

Goan and Lenawati (Tjoa Sin Goan's wife) as the former

holder of Building Rights Number 651 / Kelapa Indah is the

only legal subject that can propose renewal of the right to

Building Rights Number 651 / Kelapa Indah. Updates

Broking given in the same soil, then the house that are located

in the Island Princess VII Block 01 No. 42 Modernland,

Tangerang City which bases its rights already expired can

petition for new rights on the same plot. Thus there are rights

that are still attached to the former rights holders, in this case

Tjoa Sin Goan and Lenawati (Tjoa Sin Goan's wife) as former

holders of Building Use Rights Number 651 / Kelapa Indah.

Where this inherent right is the right to propose renewal of the

rights to the plot of land.

Auction as a sale and purchase agreement is a consensual

agreement which means that the auction has been born as a

legal and binding agreement of the parties, also has legal force

at the time of the agreement between the seller and buyer, the

main elements of which are auctioned goods and auction

prices, which happens when the auctioneer for the seller's sake

appoints the highest bidder who reaches the limit price as the

auction buyer. This consensual nature is emphasized in article

458 of the Civil Code which states that buying and selling is

considered to have occurred between the two parties when

they have reached an agreement on goods and prices, even

though the item has not been submitted nor the price has been

paid. The auction agreement has not transferred the ownership

rights, the new auction has granted the buyer the right to claim

the ownership of the goods sold through the auction. The sale

of auctions originating from the execution of collateral items,

the auction is carried out by order of the law by the competent

authority, not from the owner of the goods. In legal actions

concerning auction of collateral items: 1) when collateral is

handed over to the bank as an agreement of credit of the credit

agreement, the act is a civil law authority. 2) When collateral

is burdened with mortgage rights and is registered at the land

office, the act is the legal authority of the Republic. 3) When

the goods are handed over to the PN executing agency with

the provisions of civil procedural law, the act is a public

law. 4) When auction officials appoint auction buyers, for the

seller's sake. Auction officials as public officials, carry out

civil legal actions in the power of civil law, because auction

officials cannot act using their public power and authority to

regulate auction winners, as well as the amount of the bid

price that becomes a winner in the auction. The auction

winner must be returned to the civil attorney, namely the

highest bidder at the price agreed by the auction buyer and

seller (represented by the auction official), among the existing

bidders.

.2 The validity of the transfer of rights auction when the

auction object is in the form of a building right certificate

that has expired

Auction is the sale of an object into an amount of

money. The elements of buying and selling are contained in

the elements in the auction. What distinguishes the auction

from buying and selling is the process. Where in a sale

auction is carried out in public, preceded by efforts to gather

interested people through announcements / publications to the

general public, carried out by and or in front of auction

officials as intermediaries, prices are formed by means of

verbal ups and downs and downs and / or written. the

elements contained in the sale and purchase are also contained

in the auction, namely the existence of legal subjects, sellers

and buyers, the existence of an agreement between the seller

and the buyer regarding the price, the rights and obligations

arising for the parties sellers and buyers. Thus the auction has

the same legal character as buying and selling, with the

advantages of selling in the form of announcements or

publications to the public and how to bid. In auctions whose

rights are transferred to the winner of the auction are the

object of the sale and purchase object and / or property rights

attached to the item.

Conclusion

The author will put forward conclusions from the

problems discussed earlier. The conclusions obtained by the

author are as follows.

3.1 Foreclosure

In civil cases we know of an arrangement to confiscate

the property of the defendant, both movable and immovable

property. The act of confiscation is forcibly placing the

defendant's property in force. The object foreclosure is in a

state of guard. The forced action against the guard is based on

a court order or judge. The confiscation can be carried out on

the disputed goods or the defendant's belongings which will

be used as a means of payment for debtor's debt repayment or

the defendant by selling by auction for the confiscated goods.

The safeguarding of confiscated goods takes place during the

Auction as an agreement shows the legal character of

buying and selling, namely: (1) There are two parties to the

agreement, namely seller and buyer; (2) There is an agreement

or agreement between the seller to transfer the ownership

rights to the goods to the buyer and the buyer's agreement to

surrender the amount of money, because the nature of the sale

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2020, Volume 8, Issue 3, Pages: 1200-1208

inspection process, until a court decision has permanent legal

force, which states whether or not the act of confiscation is

legal. In the civil procedural law regulates and allows the

confiscation of the assets of the debtor or defendant as

regulated in Article 227 jo. Article 197 HIR. Article 720 Rv

also regulates confiscation. Provisions that justify the

implementation of confiscation can also be found in material

Civil Law, as in Article 1131 of the Indonesian Criminal

Code, all debtors' assets are borne by the payment of their

debts to creditors. Confiscation is an exceptional action. The

exceptional nature of the foreclosure implicitly contains

substantial human rights violations, even though the law

allows it. The nature of the violation is rather difficult to get

rid of, because the confiscation is carried out before a court

decision with permanent legal force is made. The confiscation

process in the civil procedural law based on its

implementation can be divided into 2 (two), namely: (1)

Confiscation of preparation (initial) and (2) Confiscation of

Execution. Preparatory confiscation is used as a preparation

so that the decision can be carried out if it has permanent legal

force, whereas confiscation of confiscation is confiscation that

aims to carry out the auction of the defendant's assets to fulfill

the decision, if the decision has permanent legal force. As for

confiscation of preparations, among others: (1) Confiscation

of collateral ( conservatoir beslag ) is confiscation of the

defendant's property, both movable and immovable; (2)

Confiscation of revindication ( revindicatoir beslag ) is

submitted by the owner of the goods so that the goods can be

returned; (3) Marital confiscation ( maritale beslag ) is

confiscation of joint property owned by husband and wife.

Confiscation will be carried out based on the request of

confiscation in accordance with Article 227 HIR. The request

can be submitted verbally or in writing. Submission of

confiscation in writing is considered the most appropriate

because it fulfills better judicial administration in the form of

a request letter. The request can be made in 2 (two) ways,

namely: (1) the request is submitted in a joint letter of claim;

and (2) submitted in a separate letter. The request for

confiscation must be accompanied by reasons that will be

assessed by the judge examining the case. The procedures for

confiscating collateral are as follows: (1) confiscation is

carried out based on a court ruling; (2) confiscation is carried

out by a clerk or seizure; (3) notify the confiscation of the

defendant; (4) confiscation was carried out by the bailiff

assisted by two witnesses; (5) confiscation is carried out at the

place the goods are located; (6) making confiscation minutes

(conservatoir beslag). Submission confiscation immovable

owned by the Defendant to the land and the house is located

in the street: Princess Island VII Block 01 No. 42

Modernland, Tangerang City on behalf of the Defendant was

stated in the lawsuit registered in the Registrar's Office of the

Tangerang District Court on October 20, 2010, and filed

separately in the guarantee seizure application dated March 9,

2010. Submission of confiscation by the Tangerang

Dharmaputra Foundation is appropriate because the lawsuit

filed a tort against the law requesting compensation for

payment of money or delivery of goods. Confiscation of the

property of the defendant is a form of legal protection for the

plaintiff of the goods (after the verdict has become

excecutorial beslag ) will be auctioned if the defendant does

not carry out the decision voluntarily. The results of the

auction will be used to carry out the contents of the decision

to pay compensation to the plaintiff. Following up on the

application for confiscation of collateral by the Dharmaputra

Foundation in Tangerang, the Tangerang District Court made

Determination Number: 475 / PDT.G / 2010 / PN / TNG

whose poetry was: (1) granting the application for

confiscation of collateral; (2) instruct the Registrar

Tangerang District Court bailiff to carry out confiscation of

property the defendant in the form of land and building

located at Jalan Putri Island 01 No. VII VII blocks 42

Modernland, Tangerang-Banten City on behalf of the

Defendant. The determination of the judge was in accordance

with Article 227 of the HIR because it was filed by the

plaintiff against the defendant's object. Following up on the

stipulation, the Tangerang District Court issued a notification

letter regarding the implementation of the confiscation that

will be carried out by the Tangerang District Court Judge. In

the Letter of Notification on the Implementation of Collateral

Confiscation Number: W / 29.U4 / 93 / HT.04.05 / III / 2011

dated March 29, 2011 containing information on the time of

seizure guarantee Monday, April 4, 2011 at 10.00 based on

Stipulation Number: 475 / PDT.G / 2010 / PN.TNG dated

March 17, 2011. The notice was notified to the Plaintiff,

Defendant and Head of Kelapa Indah Village and the parties

were requested to be present during the implementation of the

confiscation.

3.2 Decision Execution

In the trial stage of a civil case, the final stage of the

trial is the hearing of the decision reading by the panel of

judges examining the case. Judge's decision is the act of the

judge in his position as a ruler or state official and it is not

impossible that one of the parties will be harmed by the

judge's decision because his decision is incorrect, for example

due to the inaccuracy of the judge in examining the case. A

decision has binding power and force after the decision has

permanent legal force (inkracht). A decision is said to be

inkracht, if there is no legal action against (verzet), appeal,

and cassation and the time limit is up or has used the remedy.

Every court decision that has been inkracht must be

implemented and followed by the parties both voluntarily and

by coercion. In the event that the decision is not carried out by

the losing party voluntarily, the party won by the court may

request the determination of the execution of the decision. In

the case between the Tangerang Dharmaputra Foundation as

the Plaintiff and Tjoa Sin Goan as the Defendant, even though

the Plaintiff was won in the first-degree lawsuit the Defendant

filed an appeal against the decision. The Defendant who did

not accept the Tangerang District Court Decision No: 475 /

Pdt.G / 2010 / PN.TNG was read on May 4, 2011 to take legal

action by submitting an appeal. The legal remedies filed by

the Defendant formally met the requirements for filing an

(

7) putting confiscated goods in their original places; (8)

declares confiscation legal and valuable; Safeguarding

immovable property which is confiscated as collateral is given

to the confiscated party. Confiscation is a legal action that

meets the principles of justice, the principle of expediency,

and the principle of legal certainty. This is because by

confiscation of confiscation of the petition, the plaintiff gets

legal protection. This legal protection so that the plaintiff has

a guarantee for the goods placed confiscated collateral can be

auctioned to meet compensation payments. If in the verdict

the judge accepts the claim of the plaintiff and the defendant

is sentenced to make compensation payments, but the

property of the defendant is gone and the defendant does not

have the ability to fulfill the judge's decision.

In a civil lawsuit against the law filed by the Tangerang

Dharmaputra Foundation against Tjoa Sin Goan, the

Tangerang Dharmaputra Foundation as the Plaintiff may

submit a request for confiscation of Defendant's property in

the form of movable and immovable property. The form of

confiscation submitted by the Dharmaputra Foundation is

confiscation of preparation, namely confiscation of security

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appeal, so that it was appropriate that the Banten High Court

accepted the appeal from the Defendant (9). The parties in this

case did not file an appeal memory or counter memory appeal.

In addition, there was no revocation of the appeal submitted

by the appeal applicant. The Panel of Judges examining the

case continued the examination of the case. Because there is

no appeal or counter memory of the appeal submitted by the

parties, the panel examined the appeal based on legal

considerations in the decision issued by the Tangerang

District Court Judges who examined the case. The decision by

the Banten High Court Judge Panel examined the case

contained in Decision Number 74 / Pdt / 2011 / PT.Btn dated

October 27, 2011 , namely: (1) received an appeal request

from the Defendant originally named the Defendant; (2)

upholding the Tangerang District Court Decision dated May

Coconut Beautiful , District of Tangerang, Tangerang City

was supposed to have turned into a seizure of execution which

means it can be run directly without the need for fixing the

judge returned.

3.3 Auction of building use rights that have expired

Law and justice enforcement which becomes the

authority of the judge as the organizer of part of the judicial

power duties in the court, then in the context of implementing

law enforcement purely and consistently by Sudikno

Mertokusumo, it is said that there are 3 (three) elements that

need to be taken into account, as follows: (1) legal certainty

(rechtssicherheit); (2) expediency (zweckmassigkeit); (3)

justice (gerechtigkeit). In realizing justice, benefits and legal

certainty for the parties involved, the judge's decision is one

manifestation of what is expected by the justice seeker

community. Judges' decisions or often also called court

decisions, are taken through a long mechanism, as a form and

implement and enforce the law. Judges' decision in

completing a case is expected not only to be seen in terms of

statutory provisions, but also is expected to consider the sense

of justice and its usefulness. Consideration of justice,

expediency, and legal certainty must be realized for the sake

of good law enforcement. The judge in deciding a case,

casually, is always faced with the three principles, namely the

principle of legal certainty, the principle of justice, and the

principle of expediency. According to Sudikno Mertokusumo,

the three principles must be carried out in a compromise,

namely by applying all three in a balanced or proportional

manner. Regarding this matter, the author agrees that the

judge in deciding a case must not only emphasize one of the

principles, but must be carried out in a balanced and

proportional manner. As for the bidding process, the district

court which decides the case and orders the sale of goods

through an auction through the KPKNL, must submit a tender

request letter accompanied by the tender requirements

document to the Head of the KPKNL to request a schedule for

the auction. The auction of goods in the form of land or land

and buildings must be completed with SKT / SKPT (Land

Certificate / Land Registration Certificate) from the local

Land Office. Requests for issuing SKT / SKPT to the Head of

the local Land Office are submitted by the Head of the

KPKNL or Class II Auction Officer. Whereas in the case

between the Tangerang Dharmaputra Foundation and the Toja

Sin Goan in the form of SHGB and the validity period had

expired. If the goods submitted for auction in the form of land

and buildings to be auctioned are not yet registered at the

local Land Office, the Head of the KPKNL or Class II

Auction Officer requires the Seller to request a Certificate

from the Village Chief / Village Head stating the ownership

status of the Goods. Based on the aforementioned Certificate,

the Head of the KPKNL or Class II Auction Officer requests a

SKT / SKPT from the local Land Office. SKT / SKPT can be

used more than 1 (one) time as a requirement document for

auction application, as long as there is no change in physical

data or juridical data of Goods in the form of land or land and

buildings to be auctioned and ownership documents

controlled by the Seller. In the event that there is no change in

physical data or juridical data of the Goods in the form of land

or land and buildings, the Seller must include this in the

tender request letter. In the event of changes in physical data

or juridical data of the Goods in the form of land or land and

buildings to be auctioned again.

, 2011 Number 475 / Pdt.G / 2010 / PN.TNG for which the

appeal was filed; (3) Punishes the Comparator from the

original Defendant for paying the costs of this case in the two

court levels, which in the level of appeal is Rp. 150,000 (one

hundred fifty thousand rupiah). The Banten High Court's

decision that accepted the appeal by Tjoa Sin Goan as a

comparison was in accordance with formal provisions.

Examination of the appeal level continues to be carried out,

even though the parties did not file an appeal or contra

memory of the appeal to be considered by the panel of judges

examining the case. This is in accordance with the principle

that judges may not refuse to examine and try a case. The

consideration of the panel of judges examining the case based

on legal considerations at the first level is appropriate,

because the panel is obliged to examine all parts of the suit

and the panel may not decide beyond the suit. The action of

the panel of judges at the appellate level is appropriate to

examine the case by studying the legal considerations in the

judge's decision at the first level (10).

Decision Number 74 / Pdt / 2011 / PT.Btn has been

notified to the original Appellant Defendant on November 14,

011, then on November 25, 2011 verbally stated the appeal

request, as evidently in the deed of appeal application

Number: 475 / Pdt.G / 2010 / PN. TNG and accompanied by

Cassation Memory on December 9, 2011. The Respondent of

Cassation / Plaintiff / Compared has submitted an answer to

the cassation memory dated January 10, 2012. The Supreme

Court in checking a case that after looking at the arguments

put forward by the parties to convince the judges who hear

cases and has done legal considerations. So that on 12

September 2012 makes decision indicated in the Decision No.

23 K / PDT / 2012 in the verdict as follows: (1) Reject the

cassation of Cassation: Sin Tjoa Goan; (2) Punishing the

Cassation Applicant / Plaintiff to pay the court fee in this

cassation rate of Rp. 500,000 (five hundred thousand rupiah).

The cassation decision on the case was then notified to the

Plaintiff / Respondent of Cassation on May 2, 2013 and to the

Defendant / Cassation Appellant on 8 May 2013. That as of

the issuance and notification of the Supreme Court's Appeals

in the case between the Dharmaputra Foundation against Tjoa

Sin Goan, then the examination of the case of tort against the

law has permanent legal force, so it is obligatory to carry out

immediately. Based on the Cassation Decision Number: 823

K / PDT / 2012, the Defendant is obliged to implement the

contents of Tangerang District Court's Decision Number 475 /

PDT.G / 2010 / PN. TNG Jo. Banten District Court Decision

Number: 74 / PDT / 2011 / PT.BTN. After the cassation

decision is notified to the parties to the litigation, it must be

implemented immediately. But it was not carried out

voluntarily by Tjoa Sin Goan. Therefore sequestration that has

been placed on the object land and buildings in Housing

Modernland Jalan Putri Island VII VII 01 Block 42 , Village

Auctions to be held can only be canceled based on a

decision or decision from the judicial institution. The

cancellation of the auction by the determination or decision of

the judiciary is submitted in writing and must be received by

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2020, Volume 8, Issue 3, Pages: 1200-1208

the Bidding Officer no later than before the auction begins. In

the event of a cancellation before the auction, the Seller and /

or Bidding Officer must announce to the Bidder at the time of

the auction. Auction Cancellation may also be submitted by

the Auction Officer to cancel the auction if: (1) SKT / SKPT

for the auction of goods in the form of land or land and

buildings do not yet exist; (2) goods that will be auctioned in

the status of confiscation of criminal or criminal block from

the investigating agency or public prosecutor, specifically the

Execution Auction; (3) there is a lawsuit over the planned

implementation of Article 6 UUHT Execution Auction from

parties other than the debtor / executed, debtor / executed

husband or wife related to the ownership of the auction object;

decreasing; b. written; or c. written proceeding orally, in the

event that the highest offer does not: m reach a Limit Value.

The auction must pay attention to the principles in the auction,

namely: (1) Publicity or Transparency, meaning that each

auction must be preceded by an auction announcement, either

in the form of advertisements, brochures or invitations.

Besides attracting as many bidders as possible perhaps the

auction announcement is also intended to provide social

control opportunities as a form of public protection. This

principle is very important which forms the nature of the

auction as a sale that is transparent. Therefore this principle is

also called the transparency principle; (2) The Principle of

Competition , namely because bidders are crossed and

participants with the highest bid are in accordance with or

above the limit price that will be declared the winner; (3)

Certainty , which means that the Independence of the Bidding

Officer should be able to make certainty that the highest

bidder declared to be the winner of the auction, that the

winner of the auction who has paid off his obligations will

obtain goods and documents; (4) The principle of

(

4) goods to be auctioned in the status of confiscation or

seizure of execution or confiscation of criminal, specifically

Non-Execution Auction; (5) does not meet the Formal

Legality of the Subject and Object of the Auction; (6) the

seller cannot show or submit the original document of

ownership of the Goods to the Bidding Officer; (7)

Announcement of Auction conducted by the Seller is not in

accordance with statutory regulations; (8) force majeure or

force majeure; (9) there were technical problems that could

not be overcome during the auction without the presence of

participants; (10) The Limit Value stated in the

Announcement of Auction is not in accordance with the letter

of determination of the Limit Value made by the Seller; or

Accountability

(

Accountability ), meaning that the

implementation of the auction can be accounted for because

the Government through the Auction Officer has the role to

supervise the auction and make an authentic deed called the

Auction Minutes which functions as a van transport deed. The

auction official must be independent, meaning that he is not

influenced or impartial to anyone, so that this principle can

also be said to be the principle of independence; (5) Principle

of Efficiency, meaning that because an auction is conducted at

a specified time and place and transactions occur at that time,

it can obtain cost and time efficiency because thus goods can

be quickly converted into money.

(

11) The seller does not physically control the movable goods

auctioned. The auction must be preceded by the

Announcement of the Auction made by the Seller in the

auction for execution by the KPKNL. Announcement of

Auction is carried out through a daily newspaper that is

published and / or circulated in the city or district where the

goods are located (8). In the event that there are no daily

newspapers, the Announcement of Auction shall be

announced in a daily newspaper published in the nearest city

or district or in the provincial capital or state capital and

circulates in the KPKNL working area or the area of the Class

II Auction Officer's office where the goods will be auctioned.

Announcement of Auction that has been published through

daily newspapers, or through other media, if there are any

known errors, it must be rectified immediately by the Seller.

Auctions for Auction Announcement must be announced in

the daily newspaper or the same media by designating the

previous Auction Announcement and made at least 1 (one)

working day before the auction day.

Auction Announcement must at least contain: (a)

Seller's identity; (b) day, date, time and place of the auction

being held; (c) type and quantity of goods; (d) location, land

area, type of land rights, and the presence or absence of

buildings, specifically for immovable property in the form of

clan land or buildings; (e) goods specifications, especially for

movable goods; (f) time and place of aanwijzing, in the event

that the Seller carries out aanwijzing; (g) Bid auction

guarantee includes the amount, time period, method and place

of deposit, in the event that a bid auction is guaranteed; (h)

Limit values, except Wood Auction and Other Forest Products

from first hand and Voluntary Non-Execution Auctions for

movable property; (i) how to bid; (j) the period of the

Obligation to Pay for Auction by the Buyer; (k) the KPKNL

domain address or the Auction Hall conducting the auction by

bidding through the internet, or the electronic mail address

The auction as an agreement shows the legal character

of the sale and purchase, namely (1) there are two parties to

the agreement, namely the seller and the buyer, (2) there is an

agreement or agreement between the seller to transfer the

ownership rights to the goods to the buyer and the buyer's

agreement to submit the amount of money at the sales price ,

(3) there are goods which are the object of buying and selling,

(4) there is a certain price agreed in the form of money, (5) a

consensual / obligatory agreement , giving rise to the rights

and obligations of the seller and buyer, (6) the transfer of

ownership occurs after the agreement material / submission

based on auction minutes. The minutes of the auction are

made to record the agreement between the seller and buyer of

the auction at the obligation agreement stage. For this reason,

auction officials are responsible for the authenticity of the

auction minutes. The minutes of the auction have the power of

proof. Minutes of auction that meet the elements of an

authentic deed as regulated in Article 1868 of the Civil Code

and Article 1870 of the Civil Code. The minutes of auction

have three authentic deed elements, which are required,

namely (1) the form of auction minutes has been determined

by Article 37, 38, 39 Vendu Reglement, (2) auction minutes

made before the Bidding Officer as a Public Official in

accordance with Article 1a Vendu Reglement , (3 ) the

minutes of the auction must be made by an authorized

Auction Officer in the region in accordance with Article 7

Vendor Reglement. Auction minutes that have the power of

formal proof, auction officials are responsible for making

auction minutes that guarantee the truth / certainty of the

auction date, the signatures of the parties to the minutes, the

identities of the people present at the auction, namely the

seller, auction participant and auction buyer, thus also where

auction sales are held. The minutes of the auction, which have

the power to prove material, in terms of information contained

in the minutes of the auction, are valid, so that when used as

(

KPKNL email or the Auction Hall or Class II Auction

Officer who conducts the auction by auction bidding by

electronic mail (email); Bid Auction. In conducting auctions,

Auction Officers can be assisted by Auction Guides Auction

Guides can come from DJKN employees or from outside

DJKN employees. Bidding is done by: a. oral, increasing or

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evidence before a court, it is considered sufficient and the

judge is allowed to ask for other proofs. Submission of

juridical (juridische levering) immovable objects in the

auction object, with registration / transfer of name at the Land

Office. Linked to the UUPA, the process of transfer of

ownership that has been recorded through the auction is as

follows: (1) The first phase, which precedes the minutes of the

auction treaty, in the form of a consensual / obligatory

agreement, which is the causa of the transfer of rights, when

the auction official as the attorney for the law the law of the

seller agrees with the highest bidder buyer, in the appointment

of the auction buyer by the auction official. (2) The second

phase, the minutes of the auction treaty, the auction official as

the attorney for the law of the seller and buyer sets out the

will regarding the submission in the minutes of the auction

treaty. Thus the treatise on auctions such as deed and power of

land rights as evidence to be able to register. (3) The third

phase, when the auction buyer registers at the land office. The

third phase of registering at the land office as levering /

surrender occurs when the transfer of name at the Land Office

is based on auction minutes. The transfer of rights based on

the sale and purchase of auctions is the return of the name of

the certificate holder to the purchaser of the auction based on

the auction minutes published by the Auction Office.

The most essential thing in auctions and buying and

selling is the delivery of goods which become objects in the

sale and purchase or auction and payment of the price of the

object. The elements contained in the sale and purchase are

also contained in the auction, namely the existence of legal

subjects, sellers and buyers, an agreement between the seller

and the buyer regarding the price, the rights and obligations

arising for the parties, between the seller and the buyer.

Basically the auction is the sale of goods to the public or in

public. The validity of the transfer of rights with this auction

is proven by the existence of the minutes of auction made

before the authorized auction officials, in this civil case

between the Dharmaputra Foundation as the Plaintiff against

Tjoa Sin Goan as Defendant, class 1 auction official appointed

by the Tangerang City KPKNL. The sale of auctions

originating from the execution of collateral items, the auction

is carried out by order of the law by the competent authority,

not from the owner of the goods.

February 2013 ; (2) Certificate of Right to Building number

651 / Kelapa Indah originating from the Certificate of Right to

Building number 610 / Cikokol based on Tangerang City

Regulation number 16/2000 dated November 28, 2000,

Cikokol Village is expanded into Kelapa Indah Village ; (3)

Building Rights Certificate number 651 / Kelapa Indah there

is a Blocking note based on a letter from the Dalimartha &

Partners Law Office dated 24 November 2010 because there

is a lawsuit Number 475 / Pdt.G / 2010 / PN.TNG. The plot of

land and house is located on Pulau Putri VII Block 01 No. 42

Modernland, Kota Tangerang, based on the Building Use

Certificate Number 651 / Kelapa Indah, which has expired on

February 9, 2013, basically the basis for the land rights of the

object is returned to the State. The status of the land rights is

no longer the Right of Building for ownership of Lenawati

Mardjuki but has become the status of state-owned land since

9 February 2013.

Ethical issue

Authors are aware of, and comply with, best practice in

publication ethics specifically with regard to authorship

(

avoidance of guest authorship), dual submission,

manipulation of figures, competing interests and compliance

with policies on research ethics. Authors adhere to publication

requirements that submitted work is original and has not been

published elsewhere in any language.

Competing interests

The authors declare that there is no conflict of interest that

would prejudice the impartiality of this scientific work.

Authors’ contribution

All authors of this study have a complete contribution for

data collection, data analyses and manuscript writing.

References

Paranage K. The consequences of restricting rights to land:

understanding the impact of state-land tenure policies in Sri

Lanka. Sustainability: Science, Practice and Policy. 2018;14:46-

4. DOI: 10.1080/15487733.2018.1545556

Wildan S, Sita. Eksekusi Kejurusitaan Pengadilan Cet-1. Jakarta:

Tatanusa. 2004:39-40.

M Yahya Harahap. Hukum Acara Perdata Gugatan, Persidangan,

Penyitaan, Pembuktian, dan Putusan Pengadilan. Jakarta: Sinar

Grafika. 2017. 397.

Conclusion

In the case of this civil case between the Dharmaputra

Supramono, Gatot. Perjanjian Utang Piutang. Jakarta: Kencana

Prenada Media Group. 2013:180-181.

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(

2, 2008 Number 155 / Kelapa Indah / 2008 covering 234 m2

two hundred and thirty-four square meters) registered in the

name of Lenawati Mardjuki and their rights expired on 9

1208