PELAKSAAN PENETAPAN NILAI LIMIT PADA OBJEK LELANG HAK TANGGUNGAN OLEH PT. BANK MANDIRI, TBK BUSINESS BANKING CENTER PEKANBARU

Abstract

Auction activities are sales that offer prices that are getting lower or lower.
Auction is considered as the main way to resolve problem loans. The definition of
the auction is contained in Article 1 of Decree of the Minister of Finance Number
27 / PMK.06 / 2016 Regarding the Bidding Implementation Guideline which
states that: reach the highest price, which is preceded by an auction
announcement. "
In the case of Bank Mandiri vs. Meini Supriatni, Meini Supriatni as the
debtor has defaulted so that her credit guarantees are auctioned by an independent
bank with the broker KPKNL Pekanbaru. The value of the limit offered by an
independent bank is considered very low and the offer of credit collateral goods
only attract 1 (one) buyer, so the proceeds from the sale of the credit guarantee are
the same as the value of the offered limit plus the auction fee. This is certainly
detrimental to the debtor as the previous owner of the collateral.
In this study the authors use the empirical method, another term used is
sociological. This descriptive sociological research was carried out in the area of
Bank Mandiri, Tbk, Pekanbaru Business Banking and the Office of State Assets
and Auction Services in Pekanbaru.
From the research and discussion, it concludes that, firstly the
implementation of the determination of the limit value on the auction object is the
authority of the seller, the low limit value is the responsibility of the seller. In the
law, it has not been explained in more detail how the method of determining the
limit value is implemented. Second, the seller's responsibility for setting limit
values has not been regulated in detail in the law, resulting in a legal vacuum that
creates a legal dispute. If according to the debtor the value of the limit set at the
auction object is too low, the debtor will sue the creditor in relation to the results
of the auction whose limit value is low.
Keywords: Low-Limit Value-Assurance Auction