Kekosongan Norma Hukum Keperdataan dalam Pelaksanaan Lelang Barang Sitaan oleh Kejaksaan Negeri

Abstract

This study examines the gaps in civil law regarding the conduct of auctions of seized property by the District Attorney’s Office. The main issue addressed is the lack of comprehensive regulations governing the civil legal relationships between the District Attorney’s Office as the seller, auction participants, the winning bidder, and the KPKNL, as well as the legal liabilities of each party in the event of a post-auction lawsuit. This study employs a normative legal research method using legislative, conceptual, and case-based approaches. The results of the study indicate that regulatory gaps are evident in the absence of explicit provisions regarding the ownership status of auctioned items which are often lacking legal documentation the civil liabilities of the parties involved, and the provisions of Article 81(3) of the National Criminal Code (KUHP), which fail to specify the types of assets that may be seized or establish minimum asset protection thresholds. This regulatory gap leads to legal uncertainty and a lack of legal protection for auction winners. This study recommends harmonizing regulations between the Criminal Procedure Code (KUHAP), Attorney General’s Regulation No. 10 of 2019, the National Criminal Code (KUHP), and regulations related to auctions to fill the regulatory gap and provide legal certainty and protection for all parties involved.