AKIBAT HUKUM PUTUSAN PENINJAUAN KEMBALI TERHADAP PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN BERDASARKAN PASAL 66 AYAT (2) UNDANG-UNDANG NOMOR 14 TAHUN 1985 TENTANG MAHKAMAH AGUNG

RIVANDA, ALDO and Emirzon, Joni and Yahanan, Annalisa (2018) AKIBAT HUKUM PUTUSAN PENINJAUAN KEMBALI TERHADAP PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN BERDASARKAN PASAL 66 AYAT (2) UNDANG-UNDANG NOMOR 14 TAHUN 1985 TENTANG MAHKAMAH AGUNG. Master thesis, Sriwijaya University.

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Abstract

The clash of executions of the Permanent Legal Strength (BHT) verdict which collided with the effort to review (PK) which in principle PK did not suspend or stop the implementation of Court decisions, but in many cases it was found that PK Requests seemed to be used as the 4th level judiciary in general it must be considered carefully, besides that if the execution of the BHT verdict continues it can also cause more complicated problems if the execution of the BHT verdict has been completed but it turns out that the PK request was granted and canceled the BHT verdict that was executed. The problems in this thesis are 1) What are the legal consequences of the Judicial Review (PK) decision on the execution of court decisions that have been carried out? 2) What is the legal protection of third parties who have good intentions and have mastered the object of the dispute that has been transferred from the results of the execution of a court decision, while a PK decision arises that cancels the Execution? 3) What efforts can a third party make in the event of a cancellation of a decision that has permanent legal force? This research is Normative Legal Research, using various methods of approach. Preventive measures can be taken in the event of the cancellation of the BHT verdict that has been executed by the PK decision, namely with a Technical Effort against the Requesting Party PK, if there has been an indication of the reason PK should be suspected that the Supreme Court will grant the PK request, then with the permission of the Chair of the High Court of execution can be suspended casually and externally. Furthermore, the technical efforts towards the Execution Applicant Party, to avoid a bigger problem, can be applied to determine the conditions that there must be a guarantee in the form of money equal to the object of execution from the applicant for execution. But in the case of the PK request granted by the Supreme Court while the object of the dispute has already been executed, the recoverer of the loss experienced by the Applicant PK / executed in this case the object of the dispute is still controlled by the party won (Execution / Respondent PK and has not been transferred, PK Applicant / executed can immediately request the execution of recovery in the court, but if the object of the dispute has been changed then the PK / executed Applicant won in the PK must file a claim for compensation against the applicant for the initial execution. because for the sake of legal certainty, according to Pitlo and Soedikno Mertokusumo that for the public interest, anyone can hold on to a situation that has long been running without a disturbance to be given legal protection. It has also been regulated in Article 1967 KUIH Civil Code, then PK on decisions executed after thirty years have passed.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Decision, Judgment, Decision Execution
Subjects:	K Law > K Law (General) > K100-103 Legal education
Depositing User:	Users 774 not found.
Date Deposited:	03 Aug 2019 15:48
Last Modified:	03 Aug 2019 15:48
URI:	http://repository.unsri.ac.id/id/eprint/2003

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