Penegakan Hukum Dalam Upaya Penolakan Atas Eksekusi Putusan Nomor 191/Pdt.G/2006/PN.Sby

• Main Author: Haswida Amalia
• Format: Theses and Dissertations NonPeerReviewed
• Language: Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian
• Published: 2020
• Subjects: K115-130 The legal profession; K5015.4-5350 Criminal law
• Online Access: http://repository.unair.ac.id/103201/1/1.%20HALAMAN%20JUDUL.pdf; http://repository.unair.ac.id/103201/2/2.%20ABSTRAK.pdf; http://repository.unair.ac.id/103201/3/3.%20DAFTAR%20ISI.pdf; http://repository.unair.ac.id/103201/4/4.%20BAB%20I%20PENDAHULUAN.pdf; http://repository.unair.ac.id/103201/5/5.%20BAB%20II%20KEABSAHAN%20EKSEKUSI%20PADA%20PERKARA%20PERDATA%20PADA%20PUTUSANNOMOR%20191.pdf; http://repository.unair.ac.id/103201/6/6.%20BAB%20III%20UPAYA%20HUKUM%20PENOLAKAN%20YANG%20DILAKUKAN%20TEREKSEKUSIYANG%20DIRUGIKAN%20ATAS%20PUTUSAN%20NOMOR%20191.pdf; http://repository.unair.ac.id/103201/7/7.%20BAB%20IV%20PENUTUP.pdf; http://repository.unair.ac.id/103201/8/8.%20DAFTAR%20BACAAN.pdf; http://repository.unair.ac.id/103201/9/9.%20LAMPIRAN.pdf; http://repository.unair.ac.id/103201/10/10.%20PERNYATAAN%20KESEDIAAN%20PUBLIKASI.pdf; http://repository.unair.ac.id/103201/; http://www.lib.unair.ac.id
• Institution: Universitas Airlangga

Execution is the execution of a judge's decision, both decisions that have permanent legal force and those that do not yet have permanent legal force. In the practice of justice generally when a decision has had the force of law (in kracht van gewijsde) execution can be carried out on goods that are a guarantee whether the goods are moving or not moving. The losing party in a matter is obliged to obey and fulfill its obligations in accordance with a predetermined decision that has voluntary permanent legal force. A decision can be accepted voluntarily when the losing party in a matter voluntarily fulfills and complies with the decision that has been handed down to him. However, when the decision that has been handed down by the judge is not implemented because the losing party does not accept what has been dropped then the losing party denies the decision that has been handed down to him. The denial was made as a result of not wanting to carry out the judge's decision which had been handed down to the losing party. Against what happened at PT Ekspedisi Muatan Kapal Laut (EMKL) and PT Cinderella Vila Indonesia (CVI). The legal certainty that PT CVI expects as the winning party in the review decision in the supreme court number 232 PK / PDT / 2012 is to regain the rights of those who have executed on the decision of the district court number 191 / Pdt.G / 2006 / PN.Sby in fact it has been stated to belong to PT CVI in a review back in the supreme court. In the review decision they should have obtained the right to their land which then on the basis of the decision of the state court of land that has been legally determined to belong to PT CVI was successfully executed. Legal efforts made by PT CVI to regain their rights in accordance with the provisions of the law. check it out. Thus, in any decision of the judge can generally be given a legal effort, that is, an effort or tool to prevent or correct mistakes in such a decision. The legal efforts made by PT EMKL and PT CVI are not only limited to ordinary legal efforts but also they make extraordinary legal efforts to get the solution as they expect in accordance with the provisions of the laws in force in Indonesia.