Certainty and Legal Protection for the Purchase of Auction Goods

An auction is a form of creative buying and selling transaction, where one party commits to give up ownership of goods and the other party agrees to pay the agreed price. This research aims to analyze the legal certainty and protection given to buyers of auction goods, as well as to understand how the auction mechanism can protect the rights of buyers from third party claims. This research uses a normative juridical approach, namely assessing and evaluating formal legal regulations relating to auctions. This method is carried out by analyzing positive legal norms and regulations governing the auction process in Indonesia. The results showed that legal protection for auction buyers is guaranteed through provisions in the Auction Regulations which state that goods purchased through auctions are free from third party claims. Auction buyers have absolute rights to the auction goods they buy, which can be defended from the demands of any party. Preventive legal protection is guaranteed by applicable regulations, which provide legal evidence in the form of auction minutes as the basis for the transfer of ownership rights. This is important to reduce legal risks and ensure fairness in auction transactions. Legal certainty for auction buyers is essential to ensure that the goods purchased are protected from third-party claims

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Publication Details

Journal
Journal of Social Science (JoSS)
Published
2024-11-27
DOI
https://doi.org/10.57185/joss.v3i11.385
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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article

Certainty and Legal Protection for the Purchase of Auction Goods

Sarikun Sarikun, Dina Paramitha Hefni Putri, Benhard Kurniawan Pasaribu, Ekawati Ekawati et al.
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Journal of Social Science (JoSS)
European and International Contract Law
article

Certainty and Legal Protection for the Purchase of Auction Goods

Sarikun Sarikun, Dina Paramitha Hefni Putri, Benhard Kurniawan Pasaribu, Ekawati Ekawati, Gusti Heliana Safitri, Heribertus Richard Carsarino
article en

Abstract

An auction is a form of creative buying and selling transaction, where one party commits to give up ownership of goods and the other party agrees to pay the agreed price. This research aims to analyze the legal certainty and protection given to buyers of auction goods, as well as to understand how the auction mechanism can protect the rights of buyers from third party claims. This research uses a normative juridical approach, namely assessing and evaluating formal legal regulations relating to auctions. This method is carried out by analyzing positive legal norms and regulations governing the auction process in Indonesia. The results showed that legal protection for auction buyers is guaranteed through provisions in the Auction Regulations which state that goods purchased through auctions are free from third party claims. Auction buyers have absolute rights to the auction goods they buy, which can be defended from the demands of any party. Preventive legal protection is guaranteed by applicable regulations, which provide legal evidence in the form of auction minutes as the basis for the transfer of ownership rights. This is important to reduce legal risks and ensure fairness in auction transactions. Legal certainty for auction buyers is essential to ensure that the goods purchased are protected from third-party claims

Journal of Social Science (JoSS)Vol. 3(11)
Universitas 17 Agustus 1945 Samarinda (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
European and International Contract Law
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Certainty and Legal Protection for the Purchase of Auction Goods — Sarikun Sarikun, Dina Paramitha Hefni Putri, et al. · Journal of Social Science (JoSS) (2024) | TGRS Research Map | TGRS