Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Legal Responsibility of the Auction Organizer and Seller to the Winning of Auction With Good Faith For Aauction Objects That Do Not Confirm the Announcement (Study of Manado High Court Decisions Number: 14/PDT/2019/PT MND)

Authors
Muhammad Thariq Abrarsyah1, *, Gunawan Djajaputra2
1Faculty of Law, Universitas Tarumanagara Jakarta, Indonesia.
2Faculty of Law, Universitas Tarumanagara Jakarta, Indonesia.
Corresponding Author
Muhammad Thariq Abrarsyah
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.150How to use a DOI?
Keywords
Land; Sale and Purchase; Good Faith; Auction; Legal Liability; Auction Management
Abstract

Auction is the sale of goods that are open to the public with a written and/or verbal price offer that is increasing or decreasing to reach the highest price, which is preceded by an Auction Announcement. The auction process itself is carried out by the State Property and Auction Service Office (KPKNL) where KPKNL is the organizer of the auction requested by the buyer. Then, in the auction process, a legal action is created, namely buying and selling between the seller and the buyer, which is basically a sale and purchase carried out by an agreement. Therefore, the agreement must have a principle of good faith and also fulfill the conditions of the agreement. In the decision of the Manado High Court Number: 14/Pdt/2019/PT Mnd there was a case where the buyer, the winner of the auction, had good intentions to carry out the auction process, but after paying off the auction object it turned out that the shape of the auction object was different from what was announced. Then, the winner files a lawsuit for the losses suffered by the auction winner or the buyer, both material and immaterial losses. The result of the research is that there is no legal responsibility for the buyer and also no legal protection or legal certainty for the winner of the auction.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.150
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.150How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Muhammad Thariq Abrarsyah
AU  - Gunawan Djajaputra
PY  - 2022
DA  - 2022/04/21
TI  - Legal Responsibility of the Auction Organizer and Seller to the Winning of Auction With Good Faith For Aauction Objects That Do Not Confirm the Announcement (Study of Manado High Court Decisions Number: 14/PDT/2019/PT MND)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 944
EP  - 952
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.150
DO  - 10.2991/assehr.k.220404.150
ID  - Abrarsyah2022
ER  -