Astari Cahyaningtyas Winantyo, S.H (2022) Keabsahan Lelang terhadap Sertipikat yang Dibatalkan oleh Kantor Pertanahan (Studi Kasus Putusan Mahkamah Agung 47 PK/Pdt/2016). Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Buying and selling through auctions is a common thing. One of the auctions that can be carried out is the auction of land rights. In its implementation, in conducting the auction, there are several main problems related to the authority of the auction seller in selling the rights to the land. One such example can be taken in Supreme Court Decision 47/PK/Pdt/2016. Whereas after the auction it was discovered that the object of the auction was a legally flawed certificate and there was a decision stating that the certificate of the object of the auction must be returned to the actual land rights holder. In this regard, there are several differences in the decisions of each judge which caused the dispute to last a long time, one of which was related to the non-recognition of the auction. Auctions are actually declared valid if they have met the formal legality of the auction, however, there is uncertainty that the winning bidder will obtain if later it turns out that the documents submitted are invalid, causing the auction object that has been won to be returned. This writing focuses on the validity of the certificate as the object of the auction, as well as the legal consequences that arise for various parties related to the existence of an auction that has taken place but there is a cancellation of the certificate at a later date.

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