OPTIMALISASI PENYELESAIAN SENGKETA EKSEKUSI LELANG TANAH DAN BANGUNAN BAGI PERLINDUNGAN HUKUM PEMBELI LELANG

Abstract

This study examines the optimization of dispute resolution in the execution auction of land and buildings as a form of legal protection for auction buyers, using a case study of a post-auction house-vacating dispute arising from the execution of a Mortgage Right (Hak Tanggungan) in Kembangan Village, Sukomoro Subdistrict, Magetan Regency. It is motivated by a situation in which the auction winner had lawfully acquired rights based on the Auction Minutes and the transfer of name on the Certificate of Ownership, yet was unable to take possession of the object because the former owner refused to vacate the house, citing a dispute over the shared responsibility for the underlying debt with a co-debtor. This research aims to identify the dispute-resolution mechanism and the form of legal protection for auction buyers, as well as the inhibiting factors and optimization efforts. A socio-legal (yuridis-empiris) method was used, combining statutory, conceptual, and case approaches. Primary data were obtained through interviews with the executed debtor, the auction winner, and village officials, supported by secondary data consisting of auction documents and land certificates. The results show that the Mortgage Right execution auction was valid under Articles 6 and 20 of the Mortgage Law, and that the auction winner holds the position of a good-faith buyer entitled to preventive legal protection through procedural certainty and land registration, as well as repressive protection through village mediation and a petition for a writ of execution under Article 200(11) HIR.