[
ABSTRAKRisalah Lelang merupakan akta otentik yang membuktikan telah terjadinya lelang
dan berfungsi sebagai alas hak untuk melakukan balik nama, khususnya dalam hal
objek lelang berupa tanah dan bangunan. Seperti halnya akta notaris, Risalah
Lelang dapat dibuat dalam bentuk minuta, salinan dan grosse. Minuta Risalah
Lelang merupakan arsip negara yang wajib disimpan dan dipelihara secara baik
oleh Juru Lelang/Kantor Lelang. Dalam penelitian ini, permasalahan muncul
sebagai dampak dari diterbitkannya surat keterangan sebagai pengganti salinan
Risalah Lelang oleh Kepala Kantor Lelang Negara, yang tidak memiliki minuta.
Mengenai bidang tanah/bangunan yang telah dijual lelang oleh Kantor Lelang
Negara tersebut, bagaimanapun, telah diterbitkan sertipikat Hak Guna Bangunan
atas nama pihak lain oleh Kantor Pertanahan sebagai tindak lanjut dari adanya
ketentuan konversi tanah berdasarkan UUPA. Selain itu, sertipikat Hak Guna
Bangunan tersebut telah pula ditingkatkan menjadi Hak Milik. Penelitian ini
bertujuan untuk mengetahui kesesuaian antara prosedur lelang dan proses
konversi tanah yang telah dilakukan dengan peraturan-peraturan yang berlaku di
bidang hukum lelang dan pertanahan. Penelitian ini menggunakan bentuk yuridis
normatif dengan tipe diagnostik fact-finding. Jenis data yang digunakan adalah
data sekunder yang dianalis secara kualitatif sehingga menghasilkan laporan yang
bersifat diagnostik analisis. Penulis menyimpulkan bahwa lelang yang telah
dilakukan mengandung beberapa cacat prosedur dan surat keterangan sebagai
pengganti salinan Risalah Lelang tersebut tidak dapat diterima sebagai alat bukti
yang sah dan sempurna, namun hanya sebagai bukti permulaan.
ABSTRACTAn Auction Deed is an authentic deed to prove that an auction has occured and it
becomes the legal basis the transfer of title from a vendor to a purchaser,
particularly in relation to land and builidng. Similiar to a notary deed, The
Auction Deed may be drawn as a minute, an exemplified copy, and an
engrossment. As state archives, the minute of Auction Deeds must be kept and
maintained well by auctioneers. In this research, problems arise as a result of the
issuance of letters of evidence by the Head of State Auction Office as a substitute
for an exemplified copy of an auction deed, that do not has the minute. With
regard to the property sold by the aforementioned State Auction Office, however,
the Land Office has granted Building Rights Certificate under the name of other
people based on the conversion policy of land titles in conformity with the Basic
Agrarian Law (UUPA). Besides, The Building Rights has been increased into the
Ownership (Freehold) Rights. This study aims to examine the suitability of the
auction procedure, conversion of land rights procedure with the auction and land
regulations. The research uses normative juridical with fact-finding diagnostic.
The type of data used are secondary data were analyzed qualitatively so as to
produce a diagnostic report analysis. The writer concluded that there were flaws in
auction procedure and the letters of evidence could not be accepted as perfect and
convincing/legitimate evidence, but merely as preliminary evidence.;An Auction Deed is an authentic deed to prove that an auction has occured and it
becomes the legal basis the transfer of title from a vendor to a purchaser,
particularly in relation to land and builidng. Similiar to a notary deed, The
Auction Deed may be drawn as a minute, an exemplified copy, and an
engrossment. As state archives, the minute of Auction Deeds must be kept and
maintained well by auctioneers. In this research, problems arise as a result of the
issuance of letters of evidence by the Head of State Auction Office as a substitute
for an exemplified copy of an auction deed, that do not has the minute. With
regard to the property sold by the aforementioned State Auction Office, however,
the Land Office has granted Building Rights Certificate under the name of other
people based on the conversion policy of land titles in conformity with the Basic
Agrarian Law (UUPA). Besides, The Building Rights has been increased into the
Ownership (Freehold) Rights. This study aims to examine the suitability of the
auction procedure, conversion of land rights procedure with the auction and land
regulations. The research uses normative juridical with fact-finding diagnostic.
The type of data used are secondary data were analyzed qualitatively so as to
produce a diagnostic report analysis. The writer concluded that there were flaws in
auction procedure and the letters of evidence could not be accepted as perfect and
convincing/legitimate evidence, but merely as preliminary evidence.;An Auction Deed is an authentic deed to prove that an auction has occured and it
becomes the legal basis the transfer of title from a vendor to a purchaser,
particularly in relation to land and builidng. Similiar to a notary deed, The
Auction Deed may be drawn as a minute, an exemplified copy, and an
engrossment. As state archives, the minute of Auction Deeds must be kept and
maintained well by auctioneers. In this research, problems arise as a result of the
issuance of letters of evidence by the Head of State Auction Office as a substitute
for an exemplified copy of an auction deed, that do not has the minute. With
regard to the property sold by the aforementioned State Auction Office, however,
the Land Office has granted Building Rights Certificate under the name of other
people based on the conversion policy of land titles in conformity with the Basic
Agrarian Law (UUPA). Besides, The Building Rights has been increased into the
Ownership (Freehold) Rights. This study aims to examine the suitability of the
auction procedure, conversion of land rights procedure with the auction and land
regulations. The research uses normative juridical with fact-finding diagnostic.
The type of data used are secondary data were analyzed qualitatively so as to
produce a diagnostic report analysis. The writer concluded that there were flaws in
auction procedure and the letters of evidence could not be accepted as perfect and
convincing/legitimate evidence, but merely as preliminary evidence., An Auction Deed is an authentic deed to prove that an auction has occured and it
becomes the legal basis the transfer of title from a vendor to a purchaser,
particularly in relation to land and builidng. Similiar to a notary deed, The
Auction Deed may be drawn as a minute, an exemplified copy, and an
engrossment. As state archives, the minute of Auction Deeds must be kept and
maintained well by auctioneers. In this research, problems arise as a result of the
issuance of letters of evidence by the Head of State Auction Office as a substitute
for an exemplified copy of an auction deed, that do not has the minute. With
regard to the property sold by the aforementioned State Auction Office, however,
the Land Office has granted Building Rights Certificate under the name of other
people based on the conversion policy of land titles in conformity with the Basic
Agrarian Law (UUPA). Besides, The Building Rights has been increased into the
Ownership (Freehold) Rights. This study aims to examine the suitability of the
auction procedure, conversion of land rights procedure with the auction and land
regulations. The research uses normative juridical with fact-finding diagnostic.
The type of data used are secondary data were analyzed qualitatively so as to
produce a diagnostic report analysis. The writer concluded that there were flaws in
auction procedure and the letters of evidence could not be accepted as perfect and
convincing/legitimate evidence, but merely as preliminary evidence.]
T42676-Randy Wahyu Tanaji.pdf :: Unduh