The KPKNL plays a crucial role in ensuring that the auction process is conducted fairly and transparently

Oct 13, 2025 by sorusgentrification.com 22 views

Juridical Analysis of the Execution of Bankrupt Assets through Auction at the Medan State Assets and Auction Services Office (KPKNL)

Introduction

The process of executing bankrupt assets through auction at the Medan KPKNL often causes dissatisfaction among bankruptcy creditors. They feel that the auction price set is too low and unfair. Normatively, the auction price is determined by the curator as the lowest price. This study analyzed the implementation of bankrupt assets in Medan KPKNL, the KPKNL authority in providing legal protection for debtors, and legal efforts that can be taken by debtors related to auction at a limited price.

The execution of bankrupt assets through auction is a complex process that involves various stakeholders, including creditors, debtors, and the KPKNL. The KPKNL plays a crucial role in ensuring that the auction process is conducted fairly and transparently. However, the current system has been criticized for being opaque and biased towards creditors. This study aims to provide a comprehensive analysis of the implementation of bankrupt assets in Medan KPKNL and identify areas for improvement.

Methodology

This study uses an analytic descriptive method with a normative and empirical juridical approach. Data obtained from primary and secondary sources through literature and field studies, then analyzed qualitatively. The study focuses on the implementation of bankrupt assets in Medan KPKNL, the KPKNL authority in providing legal protection for debtors, and legal efforts that can be taken by debtors related to auction at a limited price.

Implementation of Pailite Properties Auction in KPKNL Medan

The implementation of bankruptcy assets at the Medan KPKNL is in accordance with the Minister of Finance Regulation (PMK) Number 213/PMK.06/2020. Publications and announcements were made before the auction, although there was only one auction participant. In the auction, there are conditions determined by the seller in written form.

The auction process in Medan KPKNL is governed by the following rules:

The auction is conducted in accordance with the Minister of Finance Regulation (PMK) Number 213/PMK.06/2020.
The auction is conducted in a transparent and fair manner.
The auction price is determined by the curator as the lowest price.
The auction is conducted in a written form.

KPKNL Authority in the Legal Protection of Debtor

KPKNL has the authority to provide legal protection for debtors in bankrupt assets at a limited price. The KPKNL has the authority to determine the implementation of auction and auction letter is a state legal product. However, the KPKNL is not authorized to provide legal protection in auction with market prices. Legal protection given by the KPKNL is limited to the auction, such as delaying auction, the remaining sales results, and returning prices that have been paid by the auction participants.

The KPKNL's authority in providing legal protection for debtors is governed by the following rules:

The KPKNL has the authority to determine the implementation of auction.
The KPKNL has the authority to provide legal protection in auction at a limited price.
The KPKNL is not authorized to provide legal protection in auction with market prices.

Legal Efforts that can be taken by Debtors

Debtors can submit legal remedies related to bankrupt assets at a limited price by submitting a lawsuit to the creditor before the auction to postpone the auction, or after the auction is held. The lawsuit was filed to the District Court on the basis of violating the law, because the creditor as a seller in the auction, due to his mistake, has caused guarantees to be sold at prices under the market.

The legal efforts that can be taken by debtors are governed by the following rules:

Debtors can submit a lawsuit to the creditor before the auction to postpone the auction.
Debtors can submit a lawsuit to the creditor after the auction is held.
The lawsuit is filed to the District Court on the basis of violating the law.

Deeper Analysis

This study provides an overview of the practice of bankruptcy in the Medan KPKNL. However, it is necessary to do a deeper analysis of:

The role of the curator:

How is the role of the curator in determining the basic price of the auction?
How is the mechanism of supervision of the auction process?

Auction transparency:

How is the transparency of the auction process?
How is access to information for related parties?

Legal Protection for Debtors:

What is the Mechanism of Complaints and Settlement of Disputes related to the Auction of Bankrupt property at the Medan KPKNL?

Conclusion

The implementation of bankrupt assets at the Medan KPKNL is in accordance with applicable regulations. However, efforts are still needed to increase transparency and legal protection for debtors, especially in auction with limited prices. Further research can be carried out to analyze the role of curators, auction transparency, and legal protection mechanisms for debtors so that the auction process runs more fairly and more transparently.

In conclusion, this study provides a comprehensive analysis of the implementation of bankrupt assets in Medan KPKNL and identifies areas for improvement. The study highlights the importance of transparency and legal protection for debtors in the auction process. The KPKNL plays a crucial role in ensuring that the auction process is conducted fairly and transparently. However, the current system has been criticized for being opaque and biased towards creditors. This study aims to provide a comprehensive analysis of the implementation of bankrupt assets in Medan KPKNL and identify areas for improvement.
Frequently Asked Questions (FAQs) about Juridical Analysis of the Execution of Bankrupt Assets through Auction at the Medan State Assets and Auction Services Office (KPKNL)

Q: What is the purpose of this study?

A: The purpose of this study is to analyze the implementation of bankrupt assets in Medan KPKNL, the KPKNL authority in providing legal protection for debtors, and legal efforts that can be taken by debtors related to auction at a limited price.

Q: What is the significance of this study?

A: This study is significant because it provides a comprehensive analysis of the implementation of bankrupt assets in Medan KPKNL and identifies areas for improvement. The study highlights the importance of transparency and legal protection for debtors in the auction process.

Q: What are the key findings of this study?

A: The key findings of this study are:

The implementation of bankrupt assets at the Medan KPKNL is in accordance with applicable regulations.
The KPKNL has the authority to provide legal protection for debtors in bankrupt assets at a limited price.
Debtors can submit legal remedies related to bankrupt assets at a limited price by submitting a lawsuit to the creditor before the auction to postpone the auction, or after the auction is held.

Q: What are the limitations of this study?

A: The limitations of this study are:

The study only focuses on the implementation of bankrupt assets in Medan KPKNL.
The study does not provide a comprehensive analysis of the auction process in other regions.
The study relies on secondary data and may not provide a complete picture of the implementation of bankrupt assets in Medan KPKNL.

Q: What are the implications of this study?

A: The implications of this study are:

The study highlights the importance of transparency and legal protection for debtors in the auction process.
The study suggests that the KPKNL should improve its transparency and legal protection mechanisms for debtors.
The study recommends that further research be conducted to analyze the role of curators, auction transparency, and legal protection mechanisms for debtors.

Q: What are the recommendations of this study?

A: The recommendations of this study are:

The KPKNL should improve its transparency and legal protection mechanisms for debtors.
The KPKNL should provide more information to debtors about the auction process and the rights of debtors.
The KPKNL should establish a mechanism for debtors to file complaints and settle disputes related to the auction process.

Q: What are the future research directions?

A: The future research directions are:

Analyzing the role of curators in determining the basic price of the auction.
Examining the transparency of the auction process and access to information for related parties.
Investigating the legal protection mechanisms for debtors in the auction process.

Q: What are the practical implications of this study?

A: The practical implications of this study are:

The study provides a comprehensive analysis of the implementation of bankrupt assets in Medan KPKNL.
The study highlights the importance of transparency and legal protection for debtors in the auction process.
The study suggests that the KPKNL should improve its transparency and legal protection mechanisms for debtors.

Q: What are the theoretical implications of this study?

A: The theoretical implications of this study are:

The study contributes to the existing literature on the implementation of bankrupt assets in Indonesia.
The study highlights the importance of transparency and legal protection for debtors in the auction process.
The study suggests that the KPKNL should improve its transparency and legal protection mechanisms for debtors.