{"title":"国家根据初审法院的裁决,没收受理信托物品的拍卖","authors":"Ferdian Ferdian","doi":"10.22216/SOUMLAW.V2I1.3564","DOIUrl":null,"url":null,"abstract":"Deprivation of evidence must be carried out in accordance with the provisions of the law, principles, and principles justified by law, as a form of a rule of law that has bodies or executors of legal regulations. At this writing the object of the booty which is then auctioned is a Collateral Object tied to Fiduciary. The research method uses a sociological juridical approach. The results of the study explained that the legal nature of the booty that could be seized by the state based on a court decision that had permanent legal force must belong to the defendant and the object seized must have a direct relationship with the criminal act committed. The auction of objects of fiduciary confiscation by the State based on the decision of the Padang District Court at the State Wealth Service Office and Padang Auction, Padang District Attorney as executor of the verdict and KPKNL decision as the Institution appointed as the auctioneer has carried out the auction process in accordance with the procedure and the applicable rules, the implementation of the booty auction carried out has a mechanism and rules regarding its implementation. Legal certainty towards the auction buyers of the object of fiduciary collateral seized for the State based on the decision of the Padang District Court in fact became a guarantee in the Leasing company PT. The auction buyer Adira Dinamika Multi Finance, is still not felt by auction buyers, it is proven that there are various problems that arise after auction buyers are declared as auction winners, in terms of handling ownership documents up to security in utilizing vehicles purchased through the booty auction process.","PeriodicalId":200615,"journal":{"name":"Soumatera Law Review","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"LELANG TERHADAP OBJEK JAMINAN FIDUSIA YANG DIRAMPAS OLEH NEGARA BERDASARKAN PUTUSAN PENGADILAN NEGERI DI KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG PADANG\",\"authors\":\"Ferdian Ferdian\",\"doi\":\"10.22216/SOUMLAW.V2I1.3564\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Deprivation of evidence must be carried out in accordance with the provisions of the law, principles, and principles justified by law, as a form of a rule of law that has bodies or executors of legal regulations. At this writing the object of the booty which is then auctioned is a Collateral Object tied to Fiduciary. The research method uses a sociological juridical approach. The results of the study explained that the legal nature of the booty that could be seized by the state based on a court decision that had permanent legal force must belong to the defendant and the object seized must have a direct relationship with the criminal act committed. The auction of objects of fiduciary confiscation by the State based on the decision of the Padang District Court at the State Wealth Service Office and Padang Auction, Padang District Attorney as executor of the verdict and KPKNL decision as the Institution appointed as the auctioneer has carried out the auction process in accordance with the procedure and the applicable rules, the implementation of the booty auction carried out has a mechanism and rules regarding its implementation. Legal certainty towards the auction buyers of the object of fiduciary collateral seized for the State based on the decision of the Padang District Court in fact became a guarantee in the Leasing company PT. The auction buyer Adira Dinamika Multi Finance, is still not felt by auction buyers, it is proven that there are various problems that arise after auction buyers are declared as auction winners, in terms of handling ownership documents up to security in utilizing vehicles purchased through the booty auction process.\",\"PeriodicalId\":200615,\"journal\":{\"name\":\"Soumatera Law Review\",\"volume\":\"2016 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Soumatera Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22216/SOUMLAW.V2I1.3564\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Soumatera Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22216/SOUMLAW.V2I1.3564","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
证据剥夺作为一种法治形式,必须依照法律的规定、原则和法律所证明的原则进行,具有法律规定的主体或执行者。在本文中,随后被拍卖的赃物是附属于受托人的抵押品。研究方法采用社会学和法学的方法。研究结果解释说,根据具有永久法律效力的法院判决,国家可以扣押的赃物的法律性质必须属于被告,扣押的物品必须与所犯的犯罪行为有直接关系。根据巴东地区法院国家财富服务办公室和巴东拍卖的决定,巴东地区检察官作为判决执行人,KPKNL决定作为被指定为拍卖人的机构,按照程序和适用规则进行了拍卖过程,所进行的赃物拍卖有其实施的机制和规则。法律确定性对拍卖买家的信托抵押物的扣押对象为国家基于巴东地区法院的决定,实际上成为担保在租赁公司PT。拍卖买家Adira Dinamika Multi Finance,仍然没有被拍卖买家感受到,这证明拍卖买家被宣布为拍卖赢家后出现的各种问题。在处理所有权文件方面,直至使用通过战利品拍卖过程购买的车辆的安全性。
LELANG TERHADAP OBJEK JAMINAN FIDUSIA YANG DIRAMPAS OLEH NEGARA BERDASARKAN PUTUSAN PENGADILAN NEGERI DI KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG PADANG
Deprivation of evidence must be carried out in accordance with the provisions of the law, principles, and principles justified by law, as a form of a rule of law that has bodies or executors of legal regulations. At this writing the object of the booty which is then auctioned is a Collateral Object tied to Fiduciary. The research method uses a sociological juridical approach. The results of the study explained that the legal nature of the booty that could be seized by the state based on a court decision that had permanent legal force must belong to the defendant and the object seized must have a direct relationship with the criminal act committed. The auction of objects of fiduciary confiscation by the State based on the decision of the Padang District Court at the State Wealth Service Office and Padang Auction, Padang District Attorney as executor of the verdict and KPKNL decision as the Institution appointed as the auctioneer has carried out the auction process in accordance with the procedure and the applicable rules, the implementation of the booty auction carried out has a mechanism and rules regarding its implementation. Legal certainty towards the auction buyers of the object of fiduciary collateral seized for the State based on the decision of the Padang District Court in fact became a guarantee in the Leasing company PT. The auction buyer Adira Dinamika Multi Finance, is still not felt by auction buyers, it is proven that there are various problems that arise after auction buyers are declared as auction winners, in terms of handling ownership documents up to security in utilizing vehicles purchased through the booty auction process.