Ainon Marziah, Sri Walny Rahayu, Iman Jauhari
This study aims to explain the proof of the minutes of auction for the winner of execution of mortgage rights, this research method is empirical juridical. Techniques for collecting data through literature and field. Data were analyzed using a qualitative approach. The results of the examination of the auction minutes for the winner of the execution of the Meulaboh District Court’s mortgages Number: 08 / PDT.G / 2013 / PN MBO, in practice the auction minutes issued by the State Wealth Service Office and Banda Aceh Auction were based on auction procedures, after the Bank’s expiration was not get compensation and the auction winner cannot control the auction object due to the claim of the plaintiff in the Meulaboh District Court, the plaintiff is not willing to vacate the object because the selling of the auction object is not in accordance with the deed of Rp.600,000,000. then sold Rp. 454,000,000. And the auction winner could not destroy the object, the auction winner should have the right to control the auction object. Judges’ decisions should pay attention to justice and benefits for the parties because the judge is not a mouthpiece of law, according to Article 10 paragraph (1) of Law Number 49 of 2009 concerning judicial power. © 2019, Mataram University Faculty of Law. All rights reserved.
Universitas Syiah Kuala, Indonesia; Universitas Syiah Kuala, Darussalam, Banda Aceh, Indonesia
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