Determination of Security Money at Non-Execution Auctions by the Auction Hall in Pekanbaru City

Abstract

Public auction or sale is a sale of goods made in front of the general public where the price of goods offered to buyers is increasing at any time. The main issues in this study are how the determination of bail in a non-execution auction by the city of Pekanbaru and how the authority of the auction hall in the city of Pekanbaru in applying the bail to the non-execution auction. This legal research uses an empirical juridical approach that is a study that uses a method of approach to the problem by looking at the legal norms that apply and then related to the legal facts contained in the field. In this study the source of data obtained from library research and field research. Data collection techniques are carried out through document studies and structured interviews. Research Results Determination of security deposits at non-execution auctions by auction halls in Pekanbaru City is that there are many problems in the case of voluntary non-execution auctions, in this case private auction centers, which often occur at auction halls regarding security deposit for the purchase of 1 (one) LOT which is Rp. 5,000 000, - (five million rupiahs) as for unlimited LOT, which is Rp. 20. 000. 000, - (twenty million rupiah), this is very detrimental to bidders and can be canceled if anyone feels disadvantaged or objected because it is clear in the Civil Code Article 1320 of the Civil Code regarding the cause Halal, agreements must be made based on objectives that do not conflict with applicable law. Agreements made based on reasons that are not true or are prohibited from making such agreements become invalid. And in accordance with Article 1868 and Article 1870 of the Civil Code, that is, the agreement must be made in accordance with the applicable provisions. And the authority of auction centers in the city of Pekanbaru in the application of bail in non-execution auctions, namely the auction hall has the right to determine the amount of the security deposit which is the policy of the auction hall company so that the tender hall participants better understand it. And when there are problems that occur regarding the auction will be resolved through mediation first if there is no common ground then it will be resolved by an alternative way of dispute resolution (arbitration) and general justice. Whereas the auction center that sets the security deposit is the seller. And in accordance with Article 1868 and Article 1870 of the Civil Code, that is, the agreement must be made in accordance with the applicable provisions. And the authority of auction centers in the city of Pekanbaru in the application of bail in non-execution auctions, namely the auction hall has the right to determine the amount of the security deposit which is the policy of the auction hall company so that the tender hall participants better understand it. And when there are problems that occur regarding the auction will be resolved through mediation first if there is no common ground then it will be resolved by an alternative way of dispute resolution (arbitration) and general justice. Whereas the auction center that sets the security deposit is the seller. And in accordance with Article 1868 and Article 1870 of the Civil Code, that is, the agreement must be made in accordance with the applicable provisions. And the authority of auction centers in the city of Pekanbaru in applying bail in non-execution auctions, namely the auction hall has the right to determine the amount of security deposit which is the policy of the auction hall company so that the tender hall participants better understand it. And when there are problems that occur regarding the auction will be resolved through mediation first if there is no common ground then it will be resolved by an alternative way of dispute resolution (arbitration) and general justice. Whereas the auction center that sets the security deposit is the seller.