The Position of Auction Treatise Deed in The Process of Motor-Vehicle Title Transfer (The Case Study in Pekanbaru)

Siti Azwita Utami, Yuslim Yuslim, Beatrix Benni

Abstract


The auction process is regulated in Minister of Finance Regulation Number 27/PMK.06/2016 concerning instructions for conducting the auction. The existence of treatise on the law of auction is certainly essential for the seller and the buyer since it is related to the need for proof of legal ownership of the object being auctioned for both movable and immovable properties. A proof of transfer of ownership of motor-vehicles is in the form of treatise of auction made by auction officials. It serves as a valid sale and purchase deed and as the basis for the title transfer of the auction winner. However, in fact, in Pekanbaru there are still many non-execution auction winners who do not transfer the title based on the auction treatise but instead use receipts. Based on this fact, the researcher formulates the research problems: (1) How is the process of transferring the title of a motor-vehicle through a non-execution auction in Pekanbaru? (2) How is the position of a auction treatise deed  in the process of transferring the name of a motor-vehicle in Pekanbaru? The research method in this study is empirical juridical research. Based on the results of the study: 1) In Pekanbaru, the auction winner transfers the title with the help of the bureau or the used car showroom. The unit and the proof of motor-vehicle ownership are already in the hands of the auction winner, thus transferring the title does not require an auction treatise copy. 2) The auction treatise is the basis for transferring the title / the rights in accordance with the items stated in the auction treatise to the authorized institution. However, in fact, the winner of the motor-vehicle auction does not use the auction treatise in transferring the title. The auction treatises are only used to transfer the title of the government auction, while the terms for the title transfer of the private auction has the same terms as the ordinary trading.

Keywords


Treatise on the Law of Auction; Transfer of Title

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References


Journals

Ajayi, Oluyede C., B. Kelsey Jack, and Beria Leimona. "Auction design for the private provision of public goods in developing countries: lessons from payments for environmental services in Malawi and Indonesia." World development 40.6 (2012): 1213-1223.

Leimona, Beria, and L. Roman Carrasco. "Auction winning, social dynamics and non-compliance in a payment for ecosystem services scheme in Indonesia." Land Use Policy 63 (2017): 632-644.

Book

Abdul Kadir Muhammad, Legal Agreement, PT. Alumni: Bandung, 2006, page 199.

Budiono Kusumohamidjojo, Fair Order: A Problematic Legal Philosophy, Grasindo: Jakarta, 1999, page 150

Lawless, Robert M., Jennifer K. Robbennolt, and Thomas Ulen. Empirical methods in law. New York: Aspen Publishers, 2010.

McConville, Mike, ed. Research methods for law. Edinburgh University Press, 2017.

Rachmadi Usman, Treatise Law, Jakarta: Sinar Grafika, 2016, page 12

Legislations

The 1945 Constitution;

Code of Civil law (Burgelijke Wetbook)

Law Number 2 Year 2014 concerning changes to Law Number 30 Year 2004 concerning Notary Position;

Law Number 28 of 2009 concerning Regional Taxes and Regional Retributions;

Auction Rules, Vendue Reglement Stb.1908 No.189 that was last amended Stb.1941 No.

Auction Instructions, Vendue Instructie Stb. 1908 No. 190 concerning the Implementation of the Auction, then amended by Stb. 1930 No. 85;

Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Auction Implementation Guidelines;

Regulation of the Minister of Finance of the Republic of Indonesia Number 189/PMK.06/2017 concerning Auction Officer Class II;

Minister of Finance Regulation Number 160/PMK.06/2013 concerning Auction Hall;

Kapolri (the head of police of Republic of Indonesia) Regulation Number 5 of 2012 concerning Motor Vehicle Registration and Identification.

Regulation of the Directorate General of State Assets Number 5/KN/2017 concerning auction treatise.

Article 56 paragraph 1 of the Regulation of the Head of the Indonesian National Police Number 5 of 2010




DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.685

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