KEWENANGAN PEJABAT LELANG KELAS II TERHADAP LEGALITAS RISALAH LELANG KAITANNYA DENGAN KEPASTIAN HUKUM

Abstract

Minister of Finance Regulation Number 189/PMK.06/2017 authorizes Class II Auctioneer to
conduct sales of goods through voluntary non-execution auctions and prepare minutes of the
event known as “minutes of auction”. The limited explanation of Article 15 paragraph (2) letter
g of the Law on Notary Position Amendment (UUJN-P), regarding notaries being appointed
as Class II Auctioneer to exercise similar authority, creates normative ambiguity that causes
legal uncertainty. This study aims to examine the legal certainty of the authority of the Class
II Auctioneer on the legality of the minutes of the auction and the form of responsibility if there
are problems with the minutes of the auction. The research method used is normative legal
research method using a statute approach and conceptual approach. The results showed that
Class II Auctioneer has the capacity to make minutes of auction prepared in accordance with
the provisions of Article 1868 of the Civil Code. Based on the analysis of the explanation of the
UUJN-P article, notaries must follow the requirements and procedures for the appointment of
Class II Auctioneer and do not require applicants to have a notary background. The Class II
Auctioneer is fully responsible for the formal and material correctness of the minutes of auction
prepared. If there are editorial errors, corrections can be made through the procedures
stipulated in the Minister of Finance Regulation Number 86 of 2024 concerning Minutes of
Auction, as a form of administrative responsibility of the official concerned.
Keywords: Authority, Class II Auctioneer, Minutes of Auction, Legal Certainty