Overcoming Uncertainties in Auction Enforcement, I Komang Darmayasa Earns Doctorate at Unud Law School Using the “SAMSET” Method

• Posted by: Admin
• Jumat, 22 Mei 2026
• Has been read 171 time(s)

DENPASAR – The Faculty of Law at Udayana University (FH Unud) has once again produced a new legal expert in the field of security and banking law. I Komang Darmayasa officially holds a doctoral degree after successfully defending his dissertation in an Open Doctoral Promotion Examination held on Tuesday, May 19, 2026.

The open examination was chaired by Prof. Dr. Putu Gede Arya Sumerta Yasa, S.H., M.Hum, with Prof. Dr. Desak Putu Dewi Kasih, S.H., M.Hum serving as the Supervisor and Dr. I Nyoman Bagiastra, SH and Nyoman Satyayudha Dananjaya, S.H., M.Kn., Ph.D. The External Examiner was Dr. Janedjri M. Gaffar, M.Si.

Before the examination committee, the candidate presented an in-depth study titled “Reconstruction of the Regulations Governing the Eviction of Auctioned Properties in the Foreclosure Auction Process.” This research emerged in response to the prevalence of obstacles to actual enforcement in the field, which often harm various parties within the banking system.

In his presentation, I Komang Darmayasa revealed that regulations regarding the vacating of auctioned collateral in mortgage enforcement in Indonesia are currently far from ideal.

“The regulations governing the vacating of auctioned properties within the current banking system remain fragmented and have not been comprehensively integrated,” stated Darmayasa during his academic lecture at the Faculty of Law, Udayana University.

As a cutting-edge solution to this legal impasse, Dr. I Komang Darmayasa has introduced a scientific innovation in the form of a new method called the “Single Auction Method Settlement” (SAMSET). SAMSET is designed to be an integrative, coordinated, and simplified method. The core concept of this method is to integrate all stages of the foreclosure settlement process into a single, comprehensive procedural pathway that runs seamlessly from start to finish. With SAMSET, the process of vacating the property is no longer a separate, complex component but is directly integrated into the foreclosure auction mechanism for the Mortgage Rights itself.

Through this legal reconstruction, Darmayasa reaffirms the obligations of each party unequivocally—from the debtor, creditor, and KPKNL (State Assets and Auction Service Office), to the auction buyer.

This open examination concludes that the essence of the regulations governing the vacating of auctioned properties must be able to:

1. Ensure the actual effectiveness of enforcement on the ground.

2. Provide strong legal protection to good-faith buyers/auction winners.

3. Realize the purpose of the Mortgage Right as a security instrument that prioritizes the principles of justice, legal certainty, and ease in debt repayment.

With the attainment of this doctoral degree, the concept of the Single Auction Method Settlement (SAMSET) is expected to serve as a recommendation for new policies and regulations for the banking sector and legal enforcement in Indonesia, in order to foster an investment-friendly climate and legal certainty.