AKIBAT HUKUM PENJUALAN OBJEK LELANG EKSEKUSI HAK TANGGUNGAN DIBAWAH NILAI WAJAR DALAM PERSPEKTIF KEPASTIAN HUKUM

Abstract

The execution auction of mortgaged property is intended to ensure legal certainty for creditors, debtors, and auction purchasers. Nevertheless, in practice, auctioned assets are frequently sold below their fair market value, potentially causing losses to debtors and raising legal issues concerning the legal consequences of such sales and the extent of legal certainty afforded to the parties involved. This research examines the legal consequences arising from the sale of auctioned property below its fair market value and assesses the legal certainty governing such transactions. The study is grounded in Jan Michiel Otto’s Theory of Legal Certainty and Soeroso’s Theory of Legal Consequences as the principal analytical frameworks for evaluating the realization of legal certainty, justice, and legal protection. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research. The legal materials were identified, classified, and analyzed by applying methods of legal interpretation and legal construction to formulate comprehensive legal arguments concerning the issues under examination. The findings indicate that the sale of auctioned assets below their fair market value does not, in itself, invalidate the auction, provided that the auction has been conducted in accordance with the applicable legal provisions. Conversely, where the determination of the reserve price or the auction process is carried out in an arbitrary, non-transparent, or otherwise unlawful manner, the aggrieved party is entitled to pursue available legal remedies. These findings are consistent with Jan Michiel Otto's Theory of Legal Certainty, which emphasizes the consistent application of legal norms, and Soeroso's Theory of Legal Consequences, which holds that any violation of legal provisions gives rise to juridical consequences. Accordingly, legal certainty in auction proceedings depends not only on compliance with procedural requirements but also on the establishment of an objective, transparent, and proportionate reserve price to ensure balanced legal protection for all parties involved..