EMPTY OF EXECUTION OF COLLATERAL OBJECT

Regarding the auction of mortgage rights by the creditor himself through the auction office, if the auctioneer does not want to empty the auction object, the execution will be vacated. can be directly submitted to the head of the District Court without going through a lawsuit.

This formulation is a revision of the Results of the Formulation of the Civil Chamber dated 14 thru. March 16, 2011 in number XIII regarding the auction of mortgage rights carried out by the creditor himself through the auction office, if the auctioneer does not want to vacate the auctioned object, it cannot be vacated based on Article 200 paragraph (11) HIR but must file a lawsuit because the auction mentioned above is not execution auction but voluntary auction.

Source:
Book Compilation of Formulations of Plenary Chamber Meetings, Supreme Court of the Republic of Indonesia, Publisher: Registrar Office of the Supreme Court of the Republic of Indonesia, 2019, pages 73 and 74.

Best regards,

Fredrik J. Pinakunary