Harmonization of Authority to Make Auction Minutes by Notary and KPKNL as Auction Officer

Abstract

The purpose of this study is to examine how Notaries and KPKNL, the auction officials, prepare to create auction minutes. utilizing normative research approaches when conducting research. The authority to make auction minutes is based on Staatsblad No. 189, which was issued in 1908 about Vendu Reglement/VR (hence referred to as "VR") and is founded on the legal doctrine of lex special derogate legi generale. referred to as the Auction Regulations), which stipulate that the Auction Officer, not the Notary, has the right to create Auction Minutes. Article 7 of the Vendue Instructions in Indonesian refers to the Jo's Auction Instructions, even if a Notary might be nominated as a Class II Auction Official. This authority, however, is granted to the Notary in his capacity as a Class II Auction Official and not in his capacity as a Notary, per Regulation of the Minister of Finance of the Republic of Indonesia Number 213/PMK.06/2020 concerning Class II Auction Officials (hence referred to as PMK Class II Auction Officials).