the position of auction treatise deed in the process of motor-vehicle title transfer (the case study in pekanbaru)

the auction process is regulated in minister of finance regulation no. 27/pmk.06/2016 concerning instructions for conducting the auction. the existence of treatise on the law of auction is certainly essential for the seller and the buyer since it relates to the need for proof of legal ownership of the object being auctioned for both movable and immovable properties. a proof of transfer of ownership of motor vehicles is in the form of treatise of auction made by auction officials. it serves as a valid sale and purchase deed and as the basis for the title transfer of the auction winner. however, in fact, in pekanbaru there are still many non-execution auction winners who do not transfer the title based on the auction treatise but instead use receipts. based on this fact, the researcher formulates the research problems as follow: (1) how is the process of transferring the title of a motor vehicle through a non-execution auction in pekanbaru? (2) how is the position of an auction treatise deed in the process of transferring the title of a motor vehicle in pekanbaru? the research method of this study is empirical juridical research. based on the results of the study: 1) transfer of title process of motor vehicle resulting from the voluntary non-execution auction in pekanbaru city is not yet in accordance with the republic of indonesia police chief regulation no. 5 of 2012 that the auction winner who transfers the title of a motor vehicle from non-execution or private auction only attaches a receipt instead of the auction treatise deed. 2) the auction treatise deed can be used as a valid sale and purchase deed for the buyer of an auction. since the auction treatise deed is a valid sale and purchase deed, the auction treatise deed can be used to conduct the process of transfer of title. auction treatise deed serves as the basis for transferring the title/ changing/ moving the rights in accordance with the objects stated in the auction treatise deed to the authorized institution. the auction treatise deed is an authentic deed which has perfect proof position so that it has legal certainty.