ANALISIS PROSES PENYELESAIAN SENGKETA PERBUATAN MELAWAN HUKUM TERHADAP SENGKETA LELANG HARTA BERSAMA DALAM PERKARA NOMOR REGISTRASI 218/PDT.G/2025/PN.MLG.

This study aims to analyze the settlement process of a tort dispute concerning the validity of the auction of immovable property classified as marital community property in Case Number 218/Pdt.G/2025/PN.Mlg. The main focus is the conflict between, on the one hand, the execution auction of a security right based on a court decision and auction regulations, and, on the other hand, the protection of the wife’s rights as co-owner of the joint marital assets. The disputed object is a house with Freehold Title Certificate Number 2670/Tunjungsekar covering 102 m², which is still physically possessed by the Plaintiff and whose original certificate remains in the Plaintiff’s control, while the encumbrance of the security right and the auction were carried out without the wife’s explicit consent. This research employs an empirical juridical method with a descriptive-analytical approach, which normatively examines the Civil Code particularly Articles 1365 and 1320, the Marriage Law, the Security Rights Law, the Basic Agrarian Law, the Vendu Reglement, implementing regulations on auction, and Supreme Court jurisprudence regarding community property used as collateral without spousal consent. Empirically, data were obtained through interviews, court hearing observations, and document study of the case file. The results indicate that although the Defendants argue that the auction procedure complied with formal requirements and that the auction minutes constitute an authentic deed, materially it is proven that the object is community property, remains under the Plaintiff’s control, the original certificate was never surrendered, and there was no consent from the wife. This situation shows that the encumbrance of the security right violates Article 36 of the Marriage Law and the requirement of capacity to act under Article 1320 of the Civil Code, rendering the basis for execution and auction defective and amounting to a tort, which should be declared null and void or at least voidable.