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JURNAL CAKRAWALA HUKUM
Journal homepage: http://jurnal.unmer.ac.id/index.php/jch/
Journal email: jurnalcakrawalahukum@unmer.ac.id
Sanctions for not being read out by the auction office
I Nengah Gowinda Wijaya.
I Nengah Gowinda Wijaya; Faculty of Law Universitas Brawijaya; MT. Haryono Street Number 169; Malang
City; 65145; East Java; Indonesia.
A R T I C L E I N F O
Article history:
Received 2022-06-18
Received in revised form
2022-07-26
Accepted 2022-08-01
Keywords:
Legal Protection; Auction Offi-
cial; Electronic Non-Execution
Auction.
DOI:https://doi.org/10.26905/
idjch.v13i2.7741.
Abstract
Auction minutes that the Class II Auction Officer does not read will affect
their validity. The problem in this paper is about how the validity of the deed
is not read out by the auction official, as well as the form of legal protection
for the Class II Auction Officer for acceptable sanctions due to the auction
minutes not being read out in the implementation of an electronic non-ex-
ecution auction. This paper aims to analyze the validity of the deed that was
not read out by the auction official in the performance of an electronic non-
execution auction and a form of legal protection for Class II auction officials.
This writing uses a normative juridical method with a statutory and concep-
tual approach. The study results indicate that the minutes of auction through
the internet media have fulfilled the elements contained in Article 1868 of
the Civil Code. Legal protection for Class II Auction Officials can be carried
out in 2 (two) ways: preventive legal protection, namely by making new
How to cite item:
Wijaya, I. N. G., (2022), Sanctions
for not being read out by the auc-
tion office. Jurnal Cakrawala
Hukum,
13(2) 164-174.
doi:10.26905/idjch.v13i2.7741.
rules or improving the provisions of the old laws. Repressive legal protec-
tion is to take legal action in the form of an appeal against the Administra-
tive Court or an appeal against the Supreme Court. In the request and cassa-
tion, repressive legal protection should be prioritized.
Corresponding Author:
* I Nengah Gowinda Wijaya.
E-mail address:
gowindawijaya@gmail.com
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Optimizing the role of political party courts in resolving internal political party disputes
Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
1. Introduction
Auctions are sales of goods that are open to
the public with a written and verbal price offer
that increases or decreases to reach the highest
price. (Karina, 2020) As a legal institution, there
have been regulations in the legislation since the
time of the Dutch East Indies Colonial Govern-
ment; the code is contained in the Ven du
Reglement or VR, which was announced at
Staatsblad 1908, number 189. (Enrawati, 2020) The
Dutch heritage regulations are still valid nation-
ally, of course, with some adjustments to these
regulations and the regulation of auction fees,
which are contained in the State Gazette of 1949
Number 390 and as the legal basis for conducting
auctions and also being the basis for the birth of
various technical regulations and provisions re-
garding auctions—made by the Government in the
form of a decision or Regulation of the Minister of
Finance and a Circular Letter of the Directorate
General of State Assets. (Sudiarto, 2021)
The auction begins with the Auction An-
nouncement process. (Mangunsong, 2020) Auc-
tion officials may conduct auctions. Auction offi-
cials can be divided into 2 (two), namely Class I
and Class II auction officials. (Ferels, 2021) Auc-
tion Officers generally carry out Auctions, both
Class I and II Auction Officers, to lead land or
company inventory auction activities in the con-
text of eliminating company inventory.
The Minutes of Auction must contain a state-
ment of the agreement between the seller and the
auction buyer. After finding the auction’s winner,
the Auction Officer reads the minutes of the auc-
tion in front of the sellers and buyers of the auc-
tion. (Dewi, 2021) The minutes of the auction that
have been read out will be signed by all parties in
front of the auction official. The Minutes of Auc-
tion is perfect evidence of the existence of an auc-
tion. (Qindy, 2021) Minutes of the auction are au-
thentic deeds. Thus the authentication of minutes
must be accounted for by the auction office.
At the beginning of the sale and continuing
the deal that was stopped in the middle of the auc-
tion, the central part of the minutes must be read
aloud by or on behalf of the auctioneer to the par-
ties present at the auction. Article 38 of the V.R
states (up to S. 1912-583.) that every page of the
news event, except the last page, must be ratified
with a signature by the auctioneer or his proxy. The
minutes are signed by the auctioneer or his repre-
sentatives and by the person for whom the applica-
tion for sale is made; if he does not want to partici-
pate in signing it or is not present at the closing of
the minutes, then it must be stated in the minutes.
The statement that the seller does not want to sign
or is not present shall act as a signing.
Article 39 V.R explains that it is not permis-
sible to make changes or additions to the official
report, except at the margin or, if there is no space,
directly before the place where the official an-
nouncement is signed, by pointing to the page and
line concerned. Words, letters, or numbers listed
in the minutes are not allowed, except with a thin
line so that what was written there can still be
read. The number of words, letters, and numbers
underlined must be listed in the margins of the
paper page. Everything according to this article is
written in the margins of the minutes and must be
signed by the signatories.
The framework for the article explains that
in the report, the losses referred to are in the form
of falsification of data or nominals in the auction
minutes other than what has been agreed upon in
the auction; there is a clause that is not by the auc-
tion rules so that it violates the law. Law, causing
material loss to the buyer and seller of the auc-
tion, and so on. Thus, the author’s initial assump-
tion is that the risk of minutes of auction being
made not by the provisions of the form of the min-
utes of an auction, the minutes of an auction will
no longer become an Authentic Deed, as is the case
with the fulfillment of the provisions in Article 37
Vendu Reglement which states that the head of
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the minutes of an auction must read to auction
participants by auction officials. (Marziah, 2019)
About these provisions, the Regulation of
the Minister of Finance of the Republic of Indone-
sia Number 213/PMK.06/2020 concerning Auction
Implementation Guidelines, especially in the at-
tachment for the Implementation of Auction Bid-
ding by Electronic Mail (e-mail), number 6 (six)
states that at the time of the auction, the Auction
Officer shows the Head of Auction Minutes and
open a recapitulation of auction bids together with
the Seller and 2 (two) witnesses, each 1 (one) per-
son from the KPKNL or Auction Hall and 1 (one)
person from the Seller.
In the attachment to the Implementation of
Auction Bidding through the Auction Application,
number 2 (two) states that the auction through the
Auction Application begins with the presentation
of the Head of the Auction Minutes by the Auc-
tion Officer with the following procedures and
conditions: (a) for auctions through the Auction
Application with closed bidding. Bidding), con-
ducted by the schedule for opening the list of auc-
tion bids as stated in the auction announcement;
(b) for auctions through the Auction Application
with open bidding, conducted by the auction sched-
ule as stated in the auction announcement.
Thus, in conducting the auction without the
presence of the auction participant (electronically),
bidding by electronic mail and auction application,
the Class Auction Officer is obliged to display the
head of the auction minutes before the bid is made.
Based on the description above, it can be seen that
there is a conflict of legal norms between Article
37 of the Vendu Regulation, which states that the
head of the minutes of the auction must be read to
the auction participants by the auction official, and
the Regulation of the Minister of Finance Number
213/PMK.06/2020 concerning Instructions for
Auction Implementation: The auction Officer must
display the head of the minutes of the auction be-
fore the auction bid is made without the presence
of the auction participant (electronically).
This problem is what underlies the author
to conduct legal research with the title “Legal Pro-
tection of Class II Auction Officials on Sanctions
Due to Unread Auction Minutes in the Implemen-
tation of Non-Executive Auctions Electronically.”
The problems to be raised in this paper are 1). What
is the validity of the auction minutes that the Class
II Auction Officer does not read out in the non-
execution of electronic auctions? 2. What is the le-
gal protection for Class II Auction Officers for sanc-
tions that can be received due to auction minutes
that are not read out in the implementation of non-
execution auctions electronically?
Based on the scientific work written by Vina
Putri Salim and Bambang Sugeng Aria d i
Subagyono published in the journal Notaire (Salim,
2022), it was found that the validity of the online
non-execution voluntary auction (e-Marketplace
Auction Platform) without an auction official is
legal and can be binding. The parties, because the
auction is also an agreement that adopts the char-
acteristics of a sale and purchase agreement (Ar-
ticle 1457 BW), and as long as the auction has met
the legal requirements of the contract according
to Article 1320 BW. In addition, any related elec-
tronic information/document will still be consid-
ered valid as long as the information contained in
it can be accessed, displayed, guaranteed for its
integrity, and accounted for.
In addition, PMK 213/2020 concerning auc-
tion implementation instructions applies mutatis
mutandis (can be used if needed) to auctions con-
ducted online as in conventional auctions, except
for the bidding method and the presence of bid-
ders. Legal protection of the parties is to take le-
gal action in dispute resolution, where the parties
can choose a settlement through court, arbitration,
or other alternative dispute resolution institutions
(conventional/online dispute resolution by the
provisions of the Laws and Regulations. There-
fore, this writing specifically discusses the sanc-
tions due to the auction minutes not being read
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Optimizing the role of political party courts in resolving internal political party disputes
Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
out by the auction officials in implementing the
non-electronic execution of auctions.
2. Methods
The type of research used by the researcher
in this research is normative juridical law research.
The author chose this type of research to conduct
research on legal principles and systematics as well
as horizontal synchronization to analyze legal is-
sues in the form of the validity of the auction min-
utes that the Class II Auction Officer did not read
out in the implementation of electronic non-execu-
tion auctions as well as legal protection against
Class II Auction Officer for the sanction that can
be received due to the minutes of the auction not
being read out in the implementation of the vol-
untary electronic non-execution auction. This study
uses a research approach in the form of a statu-
tory approach and a conceptual approach. It uses
analytical techniques in the form of grammatical
and systematic interpretation.
3. Results and Discussion
3.1. The validity of the auction minutes that
are not read out by class II auction offi-
cials in the implementation of non-execu-
tion auctions electronically
Auctions via internet media or e-auction are
regulated in Article 1, 1 of the Regulation of the
Minister of Finance of the Republic of Indonesia,
Number 213/PMK.06/2020, auctions via the
internet are sales of goods that are open to the
public with a written price offer without the pres-
ence of bidders to achieve the highest price through
an internet-based auction application. (Salim, 2022)
The provisions of Article 1 point 4 of the Law of
the Republic of Indonesia Number 19 of 2016 con-
cerning Amendments to Law Number 11 of 2008
(State Gazette Number 58, Supplement to the State
Gazette Number 4843) concerning Information and
Electronic Transactions. (Miptahul, 2020)
Electronic Documents are Electronic Infor-
mation that is created, forwarded, sent, received,
or stored in analog, digital, electromagnetic, opti-
cal, or similar forms, which can be seen, displayed,
and heard through a Computer or Electronic Sys-
tem, including but not limited to writing, sound,
pictures, maps, designs, photographs or the like,
letters, signs, numbers, access codes, symbols or
perforations that have meaning or meaning or can
be understood by able people. Based on these pro-
visions, the definition and mechanism of the auc-
tion offer have been expanded, especially from the
point of view of the media used to hold the auc-
tion. Auctions are no longer only direct sales of
goods open to the public but also indirectly through
electronic media. (Zaki, 2016)
The authority given to the Auction Officer
as stated in the Regulation of the Minister of Fi-
nance of the Republic of Indonesia Number 213/
PMK.06/2020 says that the Auction Officer is
obliged to make an auction report or commonly
referred to as the Minutes of Auction. The min-
utes of the auction, according to the Regulation of
the Minister of Finance of the Republic of Indone-
sia Number 213/PMK.06/2020, are the minutes of
the auction made by the Auction Officer. This Min-
utes of Auction is also an authentic deed with per-
fect evidentiary power. The Minutes of Auction
produced during the auction through the internet
media are also categorized into electronic docu-
ments. This is because the Head of Auction Min-
utes is shown before the auction starts on the auc-
tion application.
The minutes of the auction, which is also an
electronic document, must also meet the elements
in Article 1868 of the Civil Code concerning au-
thentic deeds. The form and procedure for mak-
ing Minutes of Auction are the same as making
Minutes of Auction, which is carried out through
conventional auctions. However, the difference
lies in how the traditional auction is carried out
by being physically present. In contrast, auctions
through internet media are carried out using elec-
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tronic devices. Meanwhile, another difference lies
in the reading of the Minutes of Auction and the
signing of the Minutes of Auction.
The Auction Officer reads the Minutes of
Auction in conventional auctions to the bidders,
but unlike the Minutes of Auction in auctions via
internet media, the Head of Minutes of Auction
via the internet is only displayed on the auction
application that has been provided before the auc-
tion begins without any reading. This is regulated
in the Regulation of the Minister of Finance of the
Republic of Indonesia Number 213/PMK.06/2020,
which states that the Implementation of the Auc-
tion Through the Internet begins with the presen-
tation of the Head of the Auction Minutes by the
Auction Officer”. The procedure for showing the
Minutes of Auction based on PMK Number 213/
PMK.06/2020 is as follows: (a). For auctions
through internet media with closed bidding, con-
ducted by the schedule for opening the list of auc-
tion bids as stated in the auction announcement;
(b). Auctions through internet media with open
bidding are carried out according to the auction
schedule stated in the auction announcement.
However, in the above provisions, contrary
to the conditions in Article 37 Vendu Reglement,
which is the basis of the auction rules, namely at
the beginning of the sale as well as in continuing
the deal, which stops in the middle of the auction,
the central part of the minutes must be read aloud
by or on behalf of the auctioneer to the auction-
eer. Audience. The matter of reading must be
mentioned in the minutes so that the reading of
the Minutes of Auction is part of the Verlidjen or
the inauguration of the assignment of the deed
and the signing of the Minutes of Auction. If the
Auction Officer makes the Minutes of Auction, the
Minutes of Auction must also be read out by the
Auction Officer.
Verlidjen is a verb from the word verleden,
meaning to have made. This last word comes from
the old Dutch language and is no longer used in
everyday language and is only used in the field of
law. The purpose of the reading of the deed is so
that the bidders have a guarantee if they have
signed what they heard before (the task by the
Auction Officer) to gain confidence that the Min-
utes of Auction contains what the bidders want.
Suppose the reading of the Minutes of Auction is
related to the function of the authentic deed in
proof. In that case, it can be seen that in making
the Minutes of Auction, reading the act is an obli-
gation for the Auction Officer to exercise his posi-
tion.
Similarly, in an auction through internet
media, the Head of the Auction Minutes should
still be read out, not just broadcast. According to
Tan Thong Kie, reading the deed has benefits, in-
cluding a). When the inauguration (verlidjen) of the
act is about to end, there is still an opportunity for
the official to correct mistakes in writing words/
sentences that were previously invisible because
there could be fatal or embarrassing mistakes; b).
The appearers are allowed to ask unclear or not
understood questions from the contents of the
deed that were read out; c). Public officials and
appearers have the opportunity at the last second
before the appearers have signed the deed, wit-
nesses, and public officials to rethink the act, ask
questions, or change the contents of the deed.
As for the violations committed, if the Auc-
tion Officer does not read the Minutes of Auction,
then the Minutes of Auction will have the power
of proof as an underhand deed. In other words,
the Minutes of Auction loses its authenticity. How-
ever, if connected with the provisions in Article
1868 of the Civil Code states. As for the elements
in Article 1868 of the Civil Code, the form of the
act is made by what is determined by the law
(
wettelijkje state
).
The making of Minutes of Auction via the
internet in the Regulation of the Minister of Fi-
nance of the Republic of Indonesia Number 213/
PMK.06/2020 Guidelines for Implementing Auc-
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Optimizing the role of political party courts in resolving internal political party disputes
Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
tions with Written Bids Without the Presence of
Bidders Through the Internet Media are not ex-
plicitly regulated. It only governs the presenta-
tion of the Minutes of Auction and the signing of
the Minutes of Auction. Making Auction Minutes
through the internet is the same as conventional
Auction Minutes, the only difference being the
implementation. So that in making the Minutes of
Auction through the internet media must adhere
to the regulations for making Conventional Auc-
tion Minutes such as the Vendu Reglement regu-
lated in Article 37 to Article 39 and Regulations of
the Minister of Finance of the Republic of Indone-
sia Number 27/PMK.06/2016 (State Gazette of the
Republic of Indonesia of 2016 Number 270) con-
cerning Instructions for Implementation of Auc-
tions.
In PMK Number 27/PMK.06/2016 (State
Gazette of the Republic of Indonesia Year 2016
Number 270), Chapter VI concerning Minutes of
Auction regulates the composition. Article 85 para-
graph (2) Minutes of Auction consists of (a). Head
Section; (b). Body Parts; and (c). Foot Part.”25
Minutes of the Auction are made in Indonesian,
and each minute of the auction is assigned a serial
number. Article 86 PMK Number 27/PMK.06/2016
(State Gazette of the Republic of Indonesia Year
2016 Number 270) explains that the Head of the
Minutes of Auction shall at least contain: (a). The
auction’s day, date, and time are written in letters
and numbers; (b). full name and domicile of the
Auction Officer; (c). number and date of the deci-
sion letter on the appointment of the Auction Of-
ficer; (d). number and date of special assignment
letter for Class Auction Officer; (e). full name, oc-
cupation, and place of domicile or domicile of the
Seller; (f). the number or date of the auction appli-
cation letter; (g). location of auction; (h). the na-
ture of the goods being auctioned and the reasons
for the goods being auctioned; (i). If the auction
object is in the form of immovable property in the
form of land or land and buildings, it must be
stated: 1. status of rights or other documents ex-
plaining proof of Ownership; 2. Number and date
of SKT/SKPT from the Land Office; and 3. addi-
tional burdensome information, if any; (j). If the
auction object is in the form of movable goods,
the quantity, type, and specification of the goods
must be stated; (k). the method of Auction An-
nouncement that has been carried out by the seller;
(l). auction bidding method, and the terms and
conditions of the auction.
Then in the Bipada section, the minutes of
the auction are regulated in Article 87 of PMK
Number 213/PMK.06/2020. At least it must con-
tain: (a). the number of incoming and valid auc-
tion bids; (b) the name, brand, type, type, and
quantity of the auctioned goods; (c). the name,
occupation, and address of the buyer in his name
or as a proxy on behalf of a legal entity/business
entity/another person; (d). the creditor bank as
the buyer for the person or legal entity or busi-
ness entity whose name will be appointed, in the
case that the creditor bank is the buyer of the auc-
tion; (e). auction price with numbers and letters;
and (f). a list of goods sold or held, accompanied
by the price, name, and address of the highest bid-
ding Bidder.
Meanwhile, at the foot of the Auction min-
utes, it is stated in PMK Number 213/PMK.06/
2020: (a). the number of items offered or auctioned
with numbers and letters; (b). the number of goods
sold or sold in numbers and letters; (c). the total
price of goods that have been dealt with numbers
and letters; (d). the total cost of the goods being
held in numbers and letters; (e). the number of
documents or letters attached to the Minutes of
Auction with numbers and letters; (f). the number
of changes made (notes, additions, scribbles with
their replacements) or no changes is written in
numbers and letters; (g). the signature of the Auc-
tion Officer and the Seller or the proxy of the
Seller, in the case of an auction of movable goods
or the signature of the Auction Officer, the Seller
or the representative of the Seller and the Buyer
or the representative of the Buyer, in the case of
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an auction of immovable goods; and (h). signa-
tures of witnesses for auctions with bids without
the presence of Bidders by electronic mail (email),
postal drum, or internet (closed bidding).
The deed is made by (door) or before
(tenoverstain) public officials (openbaar ambtenaar).
The provisions of Article 1, number 35 of the Regu-
lation of the Minister of Finance of the Republic of
Indonesia Number 213/PMiK.06/2020 state that
Minutes of Auction are minutes of auction imple-
mentation made by the Auction Officer, which is
an authentic deed and has perfect evidentiary
power. According to Article 1a, the Vendu
reglement states that: Without prejudice to the
provisions of the following paragraph in this ar-
ticle, public sales may not be made other than be-
fore the auctioneer. Meanwhile, according to Ar-
ticle 35 of the Vendu Regulation, it is stated that
for each general sale made by the auctioneer or
his proxies, during the sale, for each day of the
auction or sale, a separate report must be made,
which means that in making the minutes of an auc-
tion, both in conventional auctions and by con-
ducting auctions through internet media or e-auc-
tions, the Auction Officials still make them.
The public official who makes the deed must
be the official who has the authority to do the act
in his working area. Based on the provisions in
Article 1 number 14 of the Regulation of the Min-
ister of Finance Number 213/PMK06/2020, the
Auction Officer is a person who is given special
authority to carry out the sale based on the legis-
lation of goods by auction. This means that the
Auction Officer or Auctioneer is a person who is
given special authority by the Minister of Finance
to carry out the sale of goods by auction based on
statutory regulations.
The Auction Officer is divided into 2 (two)
groups: (a). Auction Officer or Class I Auctioneer
authorized to carry out Execution Auctions, Man-
datory Non-execution Auctions, and Voluntary
Non-execution Auctions; (b). Auction Officer or
Class II Auctioneer confirmed to carry out Volun-
tary Non-execution Auctions. Thus, according to
the author of the Minutes of Auction through the
internet media, it has fulfilled the elements con-
tained in Article 1868. The Minutes of Auction’s
implementation of the auction through the internet
media can be categorized as an authentic deed and
used as perfect evidence.
However, the problem is in the reading of
the Minutes of Auction, which is not read out and
is only displayed on the auction application as
stated in Article 13 paragraph (1) of the Regula-
tion of the Minister of Finance of the Republic of
Indonesia Number 213/PMK.06/2020 which is not
by the provisions in Article 37 Vendu Reglement
which states that the Minutes of Auction must be
read out. Solving the problem must use the prin-
ciple of Lex Specialis Derogat Legi Generalis,
which says that specific laws and regulations over-
ride general rules and regulations. By using this
principle, the reading of the Minutes of Auction
may not be carried out because of the Regulation
of the Minister of Finance of the Republic of Indo-
nesia Number 213/PMK.06/2020, which regulates
it thus.
With the preceding, the Minutes of Auction
remains an authentic deed as long as no one makes
a lawsuit at a later date. If the parties file a law-
suit against the Minutes of Auction and it can be
proven an untruth, the Minutes of Auction can be
canceled. If there is a case regarding the denial of
the Minutes of Auction, what should be denied
must be proven, whether there are things that are
not by the procedures specified in the provisions
of the laws and regulations, including must also
be able to prove there is a violation of the external
aspects, formal aspects, and material aspects of the
Minutes of Auction. The burden of proof regard-
ing what is denied is borne by the party who de-
nies it. If it cannot prove the untruth, anyone must
accept the deed. Denial or denial must be made
with a lawsuit to the court. The plaintiff must
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Optimizing the role of political party courts in resolving internal political party disputes
Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
prove that formal aspects are violated or inappro-
priate in the act. (Intan, 2016)
3.2. Legal protection for class II auction offi-
cials for sanctions that can be received
due to auction minutes that are not read
out in the implementation of non-execu-
tion auctions electronically
The Minutes of Auction through the internet
media has fulfilled the elements contained in Ar-
ticle 1868, so the Minutes of Auction in the imple-
mentation of the auction through the internet me-
dia can be categorized as an authentic deed and
used as perfect evidence. However, the problem
is in the reading of the Minutes of Auction, which
is not read out and is only displayed on the auc-
tion application as stated in Article 13 paragraph
(1) of the Regulation of the Minister of Finance of
the Republic of Indonesia Number 90/PMK.06/
2016 which is not by the provisions of Article 37
Vendu Regulation which states that the Minutes
of Auction must be read out. Solving these prob-
lems must use the principle of Lex Specialis
Derogat Legi Generalis. By using this principle,
the reading of the Minutes of Auction may not be
carried out due to the Regulation of the Minister
of Finance of the Republic of Indonesia Number
90/PMK.06/2016, and the Minutes of Auction re-
main an authentic deed as long as no one makes a
lawsuit in the future. In the possibility of a law-
suit, in this case, it is necessary to have legal pro-
tection for Class II Auction Officers in the conduct
of the auction.
Legal protection is divided into 2 (two)
namely preventive legal protection and repressive
legal protection. Preventive legal protection is pre-
ventive before a person and group perforan-
degative activity or commits a crime intended to
avoid or negate the occurrence of concrete actions.
(Dahana, 2012) The government’s protection aims
to prevent violations beforeions and provide limi-
tations in carrying out a legal act. Repressive legal
protection seeks to resolve a problem or dispute.
This legal protection is the absolute protection in
the form of sanctions such as fines, imprisonment,
and additional penalties if a conflict has occurred
or a violation has been committed. (Muchsin, 2003)
The competent judiciary carries out a settlement
of disputes in the protection of this repressive law.
If obligations are violated, the perpetrator can be
punished for his actions.
According to Philipus M. Hadjon, there are
two kinds of means of legal protection, namely
preventive legal protection and repressive legal
protection. (Hadjon, 2007) In this preventive legal
protection, legal subjects can submit objections or
opinions before a government decision gets a de-
finitive form. The goal is to prevent disputes from
occurring. Preventive legal protection is significant
for government actions based on freedom of move-
ment because, with a preventive legal guardian,
the government is encouraged to be careful in
making decisions based on discretion. However,
in Indonesia, there is no regulation regarding pre-
ventive legal protection. (Hadjon, 2007)
Repressive legal protection aims to resolve
disputes. The handling of legal protection by the
General Courts and Administrative Courts in In-
donesia belongs to this category of legal protec-
tion. The principle of legal protection against gov-
ernment actions is based on and stems from the
concept of recognizing and protecting human
rights because, according to history from the west,
the birth of ideas regarding the recognition and
protection of human rights is directed at restric-
tions and placing community obligations. And
government. The rule of law is the second prin-
ciple underlies legal protection against government
acts. Associated with the recognition and protec-
tion of human rights, the award, and protection
of human rights hathe central place and can be
linked to the goals of the rule of law. (Hadjon,
2007)
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Preventive legal protection is preventative
before a person and group performs a harmful
activity or commits a crime intended to avoid or
negate the occurrence of concrete actions. (Dahana,
2012) This protection provided by the government
aims to prevent violations and provide limitations
in carrying out a legal act. In essence, preventive
legal protection is the protection offered by the
government to avoid a breach before the occur-
rence of a violation. As previously explained, there
are no regulations governing legal protection for
auction officials who do not read out the minutes
of the auction; the provisions of laws and regula-
tions only regulate sanctions that can be imposed
on auction officials if they do not read the min-
utes of the auction, resulting in a loss to one party.
This results in the aggrieved party being able
to file for cancellation of the minutes of the action
based on Article 2 of Law Number 5 of 1986, which
is an exception for not being tried in the State
Administrative Court, stating that: “and if it turns
out that during the auction there are things that
contrary to the applicable provisions and detri-
mental to the debtor or the auctioneer, the party
concerned may file a lawsuit for the cancellation of
the minutes of the auction to the General Court of
Justice based on an unlawful act by the Authority.
In connection with the limitation of the pre-
vious sub-chapter that there is a conflict between
the provisions of the vendu reglement and PMK
in particular regarding the obligation to read the
minutes of the auction in a mandatory non-execu-
tion auction electronically, which in this case can
be resolved on the principle of lex specialis derogat
legi generalis, the Class II Auction Officer may
waive the obligation read out the minutes of the
auction as regulated in Article 37 of the Vendu
Reglement, according to the author, it is neces-
sary to make new rules or improvements to the
provisions of the old rules in which the regula-
tions amend or confirm that with the enactment
of this new provision, the conditions in Article 37
of the Vendu Reglement are expressly declared
invalid. As for the affirmation or amendment it-
self, it can be done in the closing provisions so
that the closing conditions not only emphasize that
the entry into force of this PMK will invalidate
the provisions in the previous PMK but also the
rules of Article 37 VR.
Repressive protection, this legal protection
aims to resolve a problem or dispute. This legal
protection is the absolute protection in the form
of sanctions such as fines, imprisonment, and ad-
ditional penalties if a conflict has occurred or a
violation has been committed. (Muchsin, 2003) The
competent judicial body carries out a settlement
of disputes in the protection of this repressive law.
If any obligations are violated, the perpetrator will
be punished. Indonesia is a legal state that recog-
nizes everyone as a human being against the law,
thus recognizing everyone as a legal subject.
Article 27 of the 1945 Constitution stipulates
that all citizens have the same position in law and
government and are obliged to uphold the law
and government without exception. There are sev-
eral understandings of legal subjects. (Natadimaja
2009) Legal subjects, according to Subekti, are the
bearers of rights or subjects in law, namely people.
Based on this, it can be concluded that legal sub-
jects are everything that can obtain rights and ob-
ligations from the law, so everything referred to
in that sense is humans and legal entities. ( Al
Qindy, 2021)
So, the law recognizes humans as bearers of
rights and obligations as legal subjects or people.
It can be said that legal issues support rights and
responsibilities. Therefore, every legal case, both
natural and Recht persons, must have rights and
obligations attached to each of them individually.
Accountability must have a basis, namely things
that give rise to legal rights for a person to sue
others, as well as things that give birth to the obli-
gation of others to provide accountability for legal
actions that have been done.
|173 |
Optimizing the role of political party courts in resolving internal political party disputes
Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
About the issue of the minutes of the auc-
tion not being read out, it is deemed to be detri-
mental to the parties in the auction; the Auction
Officer may take legal action in the form of an
appeal against the State Administrative High Court
or an appeal against the Supreme Court of the
Republic of Indonesia.
4. Conclusion
The Minutes of Auction through the internet
media has fulfilled the elements contained in Ar-
ticle 1868, so the Minutes of Auction in the imple-
mentation of the auction through the internet me-
dia can be categorized as an authentic deed and
used as perfect evidence. Legal protection for
Class II Auction Officials can be carried out in (two)
ways, namely: (1). preventive legal protection by
making new rules or improvements to old ones;
and (2). Repressive legal protection is to take le-
gal action in the form of an appeal against the
Administrative Court or an appeal against the Su-
preme Court.
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