1. Introduction

In auction execution practice, the buyer’s problems do not always end once the buyer is declared the auction winner. Although the auction winner has legally obtained the basis of ownership through the auction deed (Risalah Lelang), in practice obstacles are still often encountered when the debtor or the party occupying the auctioned property refuses to vacate it voluntarily. Yet under Article 1(34) of Minister of Finance Regulation No. 122 of 2023 on Guidelines for the Implementation of Auctions (“MoF Regulation 122/2023”), the auction deed is the minutes of the auction proceedings prepared by the Auction Officer, which has the status of an authentic deed and carries full evidentiary force.

Given this status, the auction deed is essentially strong evidence that the auction was conducted and that the auction winner holds rights to the property purchased. However, legal ownership does not always align with physical possession on the ground. Where the auctioned property is still occupied or controlled by another party, the buyer must still take further steps so that the property can actually be taken into possession. It is therefore important to understand the mechanisms available to the buyer, whether through an amicable settlement between the parties or through a petition for a court order.

2. Through an Amicable Settlement Between Parties

The first step an auction winner can take is to approach the debtor or the party still occupying the auctioned property in a persuasive manner. This mechanism seeks a voluntary agreement so that the property can be vacated without the need for longer legal proceedings. In practice, the auction winner can show the Excerpt of the Auction Deed (Kutipan Risalah Lelang) as valid proof of ownership, while giving the occupant a reasonable grace period to pack up and leave the property.

3. Through a Court Order

If voluntary efforts do not succeed, the auction winner does not need to file a new ownership lawsuit from scratch. The legal system has provided a shorter and more effective route, including:

a. Grosse Auction Deed Petition: The auction winner petitions the State Asset and Auction Service Office (KPKNL) that conducted the auction to issue a Grosse Auction Deed (Grosse Risalah Lelang). This document is an authentic copy of the auction deed whose header bears the court formula (irah-irah) “DEMI KEADILAN BERDASARKAN KETUHANAN YANG MAHA ESA” (“For Justice Based on the One and Only God”), which gives it executorial power.

b.  Execution Petition to Court: Armed with the Grosse Auction Deed, the auction winner can directly file a petition for eviction execution with the District Court Head whose jurisdiction covers the location of the auctioned property, or the Religious Court Head if the auction arose from the execution of sharia-based security.

The legal basis for this direct petition is very strong and has become settled jurisprudence, as affirmed in the Civil Chamber Formulation from the Plenary Meeting of the Supreme Court as set out in Supreme Court Circular Letter of the Republic of Indonesia No. 4 of 2014 on the Enforcement of the Formulated Results of the 2013 Supreme Court Chamber Plenary Meeting as Guidelines for the Implementation of Duties for Courts (hereinafter “SEMA 4/2014”), which states:

“Regarding the auction of a mortgage (hak tanggungan) by the creditor itself through the auction office, where the auctioned party refuses to vacate the auctioned object, the eviction execution may be filed directly with the District Court Head without going through a lawsuit.”

Once the execution petition is accepted by the court, the process follows the same flow as the execution of a court judgment, namely through the Aanmaning stage and real execution by the bailiff.

4. Aanmaning and Real Execution by the Bailiff

a. Warning Stage (Aanmaning)

This stage is an important part before the court takes forceful execution measures. Through the Aanmaning stage, the court first gives the respondent the opportunity to perform the obligation voluntarily, so that execution is not carried out immediately without an official warning first.

1) Aanmaning Order: Once the case deposit fee has been paid, the District Court Head issues an Aanmaning order, or warning, to the respondent.

2) Summoning the Respondent: Based on that order, the bailiff or substitute bailiff summons the losing party, or respondent, to appear before the District Court Head on the day and date set.

3) Issuing the Warning: At the incidental hearing, the District Court Head warns the respondent to perform the contents of the judgment or the obligation voluntarily. In accordance with Article 196 of the Herziene Indonesisch Reglement (HIR) / Article 207 of the Rechtreglement voor de Buitengewesten (RBg), the respondent is given a grace period of no more than 8 (eight) days to fulfill the obligation, counted from the date the warning is issued. This entire process is recorded in the Aanmaning Hearing Minutes.

b. Real Execution Stage

If, after the 8 (eight) day grace period has passed, the respondent still does not vacate the auctioned property voluntarily, the execution process may proceed to the real execution stage. At this stage, the court begins to take technical steps to ensure that the auctioned property can be vacated and handed over to the auction winner.

1) Execution Order: Upon a follow-up petition from the petitioner, the District Court Head issues a written order instructing the Court Registrar or the bailiff to carry out the eviction execution.

2) Object Verification (Constatering): Before the day of execution, the bailiff, accompanied by the parties and village or sub-district (kelurahan) officials, inspects the location of the execution object. This stage aims to confirm that the boundaries, area, and condition of the object match the data in the operative part of the judgment or the execution documents. The activity is recorded in the Constatering Minutes.

3) Security Coordination: The District Court Head formally coordinates with security forces, such as the local Police Resort (Polres), to request security assistance during the execution process. If the respondent is a member of the Indonesian National Armed Forces (TNI), whether active or retired, the coordination must also involve the Military Police.

4) Execution Notice: The bailiff delivers a notice letter to the respondent on the day and date of the execution, giving a proper and reasonable period of time.

5) Vacating the Property: On the designated day, the bailiff, in the presence of witnesses and secured by security officers, leads the vacating process. This is carried out while maintaining a persuasive approach and respecting humanitarian values. The respondent’s belongings are removed from the property, while the petitioner may be required to provide a temporary storage place or warehouse for the belongings at its own expense.

6) Handover of the Property: Once the property is declared vacant, on the same day the bailiff hands it over to the petitioner or its authorized representative. This handover process is recorded in the Execution and Handover Minutes.