EKSEKUSI HAK ATAS TANAH YANG TIDAK TERMASUK OBJEK PERKARA

YUNIALDI, ANDRE and Muntaqo, Firman and Flambonita, Suci (2023) EKSEKUSI HAK ATAS TANAH YANG TIDAK TERMASUK OBJEK PERKARA. Masters thesis, Sriwijaya University.

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Abstract

This thesis discusses the execution of land rights that do not include the object of the case. With the problem, namely the basis for the judge's consideration of granting the claim of the plaintiff who owns land that has been certified but is not included as a party in Case No. 172/Pdt.G/2015/Pn.Plg in the Palembang District Court as the basis for execution, legal obstacles found in the execution of land rights that do not include the object of Case No. 172/Pdt.G/2015/Pn.Plg in the Palembang District Court and the ideal arrangement of the object of civil cases in the future. The research method used is a type of normative research with a statutory, case, conceptual, and analytical approach. As for the results of this study, the judge's consideration of granting the claim of the plaintiff who owns land that has been certified but is not included as a party in Case No. 172/Pdt.G/2015/Pn.Plg in the Palembang District Court as the basis for execution, namely the transfer of the company's assets is carried out by the directors of the GMS through without being a permanent company against a third party as long as it is carried out in good faith, In the sense that the asset transfer agreement between the Company and the third party remains valid and legally valid as long as the other party who is now in the making of the law, the third party is in good conflict. The legal obstacle in the execution of land rights that do not include the object of Case No. 172/Pdt.G/2015/Pn.Plg is that because this judgment is an error in persona and the object of the case executed in the judgment is not included in the object of the case based on the judgment of judgment No. 2093 K/PDT/2019 which was sued by Meiliza Zubir regarding a Piece of Legal Land Title belonging to her. The arrangement of the object of the case in the future may revise SEMA No. 7 of 2001 on Local Examination by replacing the phrase in the first point i.e. "on the initiative of the Judge because he felt it was necessary" can be replaced by "requiring the judge", in this case there is an obstacle to execution because the judge did not conduct a local examination of the object of the case which resulted in the issuance of judgment No.172/PDT.G/2015/PN.Plg which error in persona and the object of the executed case does not include deep.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Eksekusi, Hak Atas Tanah, Objek Perkara
Subjects:	K Law > K Law (General) > K600-615 Private law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Andre yunialdi
Date Deposited:	28 Apr 2023 05:40
Last Modified:	28 Apr 2023 05:40
URI:	http://repository.unsri.ac.id/id/eprint/96606

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