Renewal Of Auction Law In Indonesia The Renewal Of Law Auction In Indonesia

Arly, Raden Ibnu (2019) Renewal Of Auction Law In Indonesia The Renewal Of Law Auction In Indonesia. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

The legal basis for sales auctions in Indonesia today is the Vendu Reglement Staatsblad (Law of Auction) in 1908 number 189 which is the highest source of auction law in Indonesia and is valid until now as the only “law” governing the procedures for conducting auctions in Indonesia. Vendu Reglement consists of 49 (forty nine) Articles, most of which are not valid or cannot be implemented anymore, because they cannot accomodate legal developments and the increasing role of the auction, with details : 9 Articles have been revoked, 19 Articles have been inactive, and 21 Articles are still active with various adjustments. Reglement Vendu was made by the Dutch East Indies government for the purposes of trading and selling Dutch East Indies offical assets at the time where it is surely not based on Pancasila, the 1945 Constitution of the Republic if Indonesia, and a national legal system serving the national interest. Considering the condition of the Reglement Vendu, it strongly supports the urgency to immediately prepare Auction Legal Updates in Indonesia by drafting a new auction law. The study aims to analyze and find scientific studies related to the auction both literature review, regulatory studies, and results of data collection as the basic material for formulating regulations, providing direction, and setting the scope for the preparation of Auction Legal Updates In providing input for making Academic Scripts in order to prepare the Auction Bill as mandated by law Number 12 of 2011 concerning Estabilishment of Legislation. The research method is normative juridical research, or the scope of dogmatic law holding the “sui generis” character. Thus “sui generis” characters has an empirical-analysis nature, which provides an explanation and analysis of the structure of the prevailing law. This approach of legal research problem done through a statute approach, case approach, historical approach, comparative approach, and conceptual approach. While the benefits of this research can be used as input to support the concept of academic texts, the Auction Bill which will be discussed jointly between the Goverment and the House of Representatives in preparing the National Legislation Program;

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