Understanding the Execution of Auction of Debt Guarantee

Oct 13, 2025 by miodeya.com 122 views

Legal Studies on Cancellation of the Execution of the Auction of the Debt Guarantee of the Insurer of Debt/ Underwriter in relation to the Management of State Receivables (Research on KP2LN Medan)

Understanding the Execution of Auction of Debt Guarantee

The execution of the auction of the debt guarantee owned by the debtor or the guarantor is a logical consequence of the signing of the credit agreement between the creditor or the bank and the debt insurer. In this context, the auction execution functions as a means to sell debt guarantees owned by the debt insurer that has been confiscated by the State Receivable Affairs Committee (PUPN) through the State Receivable and Auction Service Office (KP2LN). This process is very important in the management of state receivables. The auction execution is a crucial step in the management of state receivables, as it allows the debt insurer to recover the debt and the creditor to receive the payment.

However, in practice, auction execution is often faced with various problems that can cause cancellation. This problem occurs both in the guarantee of debt that is a material for moving or immovable. Therefore, it is important to examine problems related to the cancellation of the auction execution, the constraints faced, as well as efforts that can be made to overcome these obstacles, especially in the management of state receivables that are hampered in Branch PUPN and Medan KP2LN. The cancellation of auction execution can be a complex process, and it is essential to understand the factors that contribute to it.

Research Methodology

This study uses a sociological juridical method with descriptive nature. The study location is in Branch PUPN and Medan KP2LN. Primary data are obtained through interviews, while secondary data are collected through document studies and literature materials, then analyzed with a qualitative approach. The research methodology employed in this study is a combination of qualitative and quantitative approaches, which provides a comprehensive understanding of the issue.

Research Result

The results showed that the process of cancellation of the auction execution was carried out by the applicant and the debt insurer by submitting a written application to the KP2LN. This cancellation can occur due to payment of debt by the debt insurer accompanied by proof of payment. In addition, there is also a cancellation due to the sale of debt guarantees of debt under the hand, which is described in the sales document. The cancellation of auction execution can be achieved through various means, including payment of debt and sale of debt guarantees.

In the case of redemption by a third party, the application must be accompanied by a description of the goods to be redeemed, the redemption value, and the method of payment. The process of requesting the cancellation of the auction execution was submitted through the Head of the General Subdivision, and forwarded to the Head of KP2LN to obtain further disposition. The process of cancellation of auction execution involves several steps, including submission of application and obtaining further disposition.

Factors Causing Execution Cancellation

There are several factors that cause the cancellation of auction execution, including:

Payment of debt: Payment of debt by the debt insurer resulting in cancellation of auction execution.
Confiscation in a criminal case: goods and documents to be auctioned because they were confiscated in the legal process.
Loss of goods: The guarantee to be auctioned has been destroyed or cannot be found.
Other factors: Other factors that may contribute to the cancellation of auction execution, such as changes in the law or regulations.

Prevention Efforts

Medan KP2LN took several steps to overcome obstacles in the process of cancellation of auction execution. These steps include:

Ensure the implementation of existing legal rules, as well as carrying out work carefully and administratively.
Conduct routine training for employees to increase knowledge about the management of state receivables and the implementation of auction.
Compile more comprehensive regulations and laws related to auction.

Recommendation

To increase the effectiveness of the management of state receivables, Medan KP2LN is advised to:

Improve coordination with related parties in the auction process.
Continuing the execution of the auction according to applicable procedures, while still providing opportunities for interested parties to submit requests for cancellation in accordance with the provisions.
Clarify the regulations on canceling the execution of auction to avoid confusion and misunderstanding in the future.

With this study, it is hoped that Medan KP2LN can be more effective in managing the process of cancellation of auction execution and providing better services to the community. The findings of this study can contribute to the improvement of the management of state receivables and the auction process.

Conclusion

The cancellation of auction execution is a complex process that involves various factors and steps. This study has provided an in-depth understanding of the factors that contribute to the cancellation of auction execution and the efforts that can be made to overcome these obstacles. The findings of this study can contribute to the improvement of the management of state receivables and the auction process.

Limitation of the Study

This study has several limitations, including:

The study was conducted in a specific location, which may not be representative of other locations.
The study only focused on the cancellation of auction execution, and did not explore other related issues.
The study relied on primary and secondary data, which may not be comprehensive or accurate.

Future Research

Future research can build on the findings of this study and explore other related issues, such as:

The impact of the cancellation of auction execution on the management of state receivables.
The role of the debt insurer in the cancellation of auction execution.
The effectiveness of the auction process in recovering debt.

By exploring these issues, future research can contribute to a better understanding of the management of state receivables and the auction process. The findings of this study can contribute to the improvement of the management of state receivables and the auction process.
Frequently Asked Questions (FAQs) on Cancellation of the Execution of the Auction of the Debt Guarantee of the Insurer of Debt/ Underwriter in relation to the Management of State Receivables (Research on KP2LN Medan)

Q1: What is the purpose of the auction execution in the management of state receivables?

A1: The auction execution is a means to sell debt guarantees owned by the debt insurer that has been confiscated by the State Receivable Affairs Committee (PUPN) through the State Receivable and Auction Service Office (KP2LN). This process is very important in the management of state receivables.

Q2: What are the factors that cause the cancellation of auction execution?

A2: There are several factors that cause the cancellation of auction execution, including:

Payment of debt by the debt insurer
Confiscation in a criminal case
Loss of goods
Other factors that may contribute to the cancellation of auction execution, such as changes in the law or regulations

Q3: How can the cancellation of auction execution be achieved?

A3: The cancellation of auction execution can be achieved through various means, including:

Payment of debt by the debt insurer accompanied by proof of payment
Sale of debt guarantees of debt under the hand, which is described in the sales document
Redemption by a third party, which must be accompanied by a description of the goods to be redeemed, the redemption value, and the method of payment

Q4: What are the steps involved in the process of cancellation of auction execution?

A4: The process of cancellation of auction execution involves several steps, including:

Submission of application by the applicant and the debt insurer to the KP2LN
Obtaining further disposition from the Head of the General Subdivision
Forwarding the application to the Head of KP2LN

Q5: What are the prevention efforts that can be made to overcome obstacles in the process of cancellation of auction execution?

A5: Medan KP2LN took several steps to overcome obstacles in the process of cancellation of auction execution, including:

Ensuring the implementation of existing legal rules, as well as carrying out work carefully and administratively
Conducting routine training for employees to increase knowledge about the management of state receivables and the implementation of auction
Compiling more comprehensive regulations and laws related to auction

Q6: What are the recommendations for improving the effectiveness of the management of state receivables?

A6: To increase the effectiveness of the management of state receivables, Medan KP2LN is advised to:

Improve coordination with related parties in the auction process
Continuing the execution of the auction according to applicable procedures, while still providing opportunities for interested parties to submit requests for cancellation in accordance with the provisions
Clarify the regulations on canceling the execution of auction to avoid confusion and misunderstanding in the future

Q7: What are the limitations of this study?

A7: This study has several limitations, including:

The study was conducted in a specific location, which may not be representative of other locations
The study only focused on the cancellation of auction execution, and did not explore other related issues
The study relied on primary and secondary data, which may not be comprehensive or accurate

Q8: What are the future research directions?

A8: Future research can build on the findings of this study and explore other related issues, such as:

The impact of the cancellation of auction execution on the management of state receivables
The role of the debt insurer in the cancellation of auction execution
The effectiveness of the auction process in recovering debt

By exploring these issues, future research can contribute to a better understanding of the management of state receivables and the auction process.