PEMINDAHAN HAK ATAS TANAH MELALUI LELANG

The ownership of land rights is not merely concerning a long period of time only but also concerning interest of other party, no occorrunce of land disputes is the thing that is expected by all parties because land dispute would suffer the parties concerned with the many costs incurred and the many times spent for resolving the disputes. Similarly, a transfer of land rights through auction which is performed by class I auction officials or class II auction officials with the making of the minutes of the auction as the basic for transfer of rights over land. Auction officials’s responsibility for the validity of tender documents is needed in term of auction officials’s perspective, related parties or third parties concerned, and to what extend had to check the validity of a tender document in order to avoid or reduce any disputes that may occur after the auction held. The aim of this study is to determine whether Notary could be served concurrently as acting auction officials class II in regard of Act no. 30 of 2004 concerning the position of Notary on Article 15 paragraph (2) letter g, which states Notary also has an authority to make treatise auction. However, not necessarily Notary can be a class II auction officials and Notary can not automatically create a treatise auction, but notary must first comply with the provisions or regulations which have been required by the Decree of the Minister of Finance. Auction based on court decision by class I auction officials, where the certificate of land that became the object of auction is not submitted, then it will not stop the auction process, but the winning auction can take careof a replacement certificate on certificate that is not submitted through the procedure prescribed in Rule Legislation which is in the Government Regulation no. 24 of 1997 Article 57 paragraph (1