Legal Uncertainty Toward the Implementation of Emptying in the Execution of Auction Objectsmortgage Rights

This research raises an important issue regarding the legal vacuum in the implementation of vacating the object of a mortgage auction in Indonesia, which has an impact on legal uncertainty for the auction winner, creditor, and debtor. Although the auction process has been completed, the auctioned object often cannot be immediately controlled due to the absence of a time limit for vacating which is strictly regulated in the applicable regulations. This research uses normative juridical method with statutory, conceptual, case, and comparative approaches. Data sources consist of primary, secondary, and tertiary legal materials, which are analyzed using systematic and grammatical interpretation methods to identify norms related to vacancy time. It was found that the absence of rules regarding the time limit for vacating in the Mortgage Law and PMK No. 122 of 2023 resulted in the winner of the auction having to go through a long and expensive additional legal process. This uncertainty causes legal and economic losses, and reduces market interest in the auction object. A comparative study with the German legal system shows that setting a clear time limit for vacating and direct execution by court bailiffs can increase legal certainty and efficiency of execution. Regulations in Indonesia have not provided a guarantee of legal certainty related to post-auction vacancies. Reformulation of the rules, especially in determining the time limit and mechanism for vacating execution, is a normative urgency so that the principles of justice, expediency, and legal certainty as stated by Gustav Radbruch can be realized in the legal system of execution of mortgage rights in Indonesia.