LEGAL REMEDIES FOR THE TRANSFER OF OWNERSHIP RIGHTS OF MOVABLE AUCTIONED GOODS IN DECISION NUMBER 30/Pdt.G/2019/PN.Tte

Abstract

Auction is one of the mechanisms of trade aimed at transferring ownership of goods, particularly movable property. As evidence that the auction has complied with all procedures and has indeed been executed, an official report of the auction proceedings, known as the minutes of auction, is prepared by the auction official. The minutes of auction are categorized as an authentic deed and hold conclusive evidentiary power; therefore, if the validity of the minutes is disputed, its legal force must be challenged.

This study employs a doctrinal research method and adopts a descriptive-analytical typology by utilizing secondary data through document and literature review. The findings of this study indicate that the legal force of the minutes of auction concerning movable property one example being motor vehicles possesses binding and conclusive evidentiary power, as it complies with the provisions stipulated in the Minister of Finance Regulation (PMK) Number 27/PMK.06/2016 on Auction Implementation Guidelines, the Regulation of the Indonesian National Police Number 5 of 2012 on Motor Vehicle Registration and Identification (Perpol No. 5 of 2012), and the Indonesian Civil Code (KUHPerdata). Consequently, there is no valid reason for the Motor Vehicle Registration Center (Samsat) to refuse processing or issuing original documents related to auctioned movable property.

Should the Samsat persist in refusing to process or issue such original documents, thereby causing harm to the winning bidder, legal remedies may be pursued by filing a lawsuit in the district court on the grounds of unlawful conduct, by examining whether the elements of unlawful acts as stipulated in Article 1365 of the Indonesian Civil Code have been fulfilled.