KETIADAAN OBJEK SENGKETA SEBAGAI DASAR GUGATAN TIDAK DAPAT DITERIMA DALAM PERLAWANAN LELANG HAK TANGGUNGAN: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 5288 K/PDT/2025

Abstract

This study analyzes judges’ legal reasoning in declaring an opposition claim inadmissible (niet ontvankelijke verklaard) and examines the absence of the object of dispute in a mortgage execution auction case as reflected in Supreme Court Decision Number 5288 K/Pdt/2025. The research applies a normative legal method with statutory, conceptual, and case approaches, analyzed qualitatively using secondary legal materials. The findings indicate that the claim was declared inadmissible due to formal defects, particularly because the object of dispute no longer existed following the cancellation of the auction before the case was decided, resulting in the loss of its legal basis. In addition, there was inconsistency between the posita and petitum and insufficient legal interest. This underscores that the existence of a concrete and relevant object of dispute is a key requirement for a claim to be examined under civil procedural law.