| Summary: | PUPN execution auction is an effort made by the government in order to
erect law on debtor who does not fulfill specified agreement (wanprestasi).
Implemented auction is included in an official report generally called action
treatise which, according to Financial Minister�s Rule Number 93/PMK.06/2010
on Instruction of Action Implementation, cannot be annulled by existing rule, so,
in Book II, the Supreme Court states that action can be annulled by claim to the
Court. So that it is attractive to study judicature power which will examine, decide
and solve claim of the action treatise annulment.
This research is a juridical-normative study supported by juridicalempirical
study, conducted by study of literature and field study with guided
interview. Data were analyzed by deductive method, this research was expected
to give responsible conclusions.
Based on this research, it is indicated that auction treatise report annulment
became unclear phenomenon because application for annulment was submitted to
general judicature and PTUN, whereas powers of both judicatures are different.
Different considerations of judges in interpreting existing rules resulted in
different verdicts so that it does not reflect legal certainties. Interpretation that
auction treatise annulment is power of PTUN because it is product of TUN
Official, auction official. Auction treatise as case object of PTUN does not meet
requirement as perfect case object of TUN because legal action of the auction
treatise is civil law action which is exception as case of TUN mentioned in Article
2, Letter a, of UUPTUN. Auction treatise as an official report of auction
implementation is case object of civil law because it is ownership case with factor
of action without compliant with law in implementing the auction containing civil
action elements, so that it is not power of PTUN but it is power of public
judicature (PN).
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