STUDI KASUS TERHADAP AKIBAT PUTUSAN HAKIM NON-EXECUTABLE TERHADAP OBJEK YANG MEMILIKI DUA PUTUSAN YANG BERTENTANGAN DALAM SENGKETA PERDATA

GAYATRI, NI WAYAN ELIANA SUKMA (2024) STUDI KASUS TERHADAP AKIBAT PUTUSAN HAKIM NON-EXECUTABLE TERHADAP OBJEK YANG MEMILIKI DUA PUTUSAN YANG BERTENTANGAN DALAM SENGKETA PERDATA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The resolution of disputes in court is essentially carried out by applying the principles of simplicity, speed, and cost-effectiveness as stipulated in Article 2 paragraph (2) of Law Number 48 of 2009 concerning the Judiciary. However, in practice, the resolution of civil disputes in court consumes a considerable amount of time, energy, and costs. The process can take months or even years, especially if the parties pursue legal remedies at the appellate, cassation, or judicial review levels. However, after going through various legal efforts, the parties may not necessarily promptly obtain their rights. The purpose of this research is to understand a case study on the consequences of a non-executable judge’s decision on an object that has two conflicting decisions in a civil dispute. This legal research is a normative descriptive-analytic study. The approach used is a case study. Legal materials consist of primary and secondary legal materials. The technique used for collecting legal materials is literature review. The research findings indicate that XL holds a legal position as the rightful owner and holder based on the right to build (SHGB) it has required. Legal actions that can be pursued include extraordinary legal measures, such as third-party opposition (derden verzet), and civil lawsuits for unlawful actions. There is also the possibility of transforming a non-executable verdict into an executable one, particularly when the prevailing party sells the ownership rights to the land obtained through a court decision to the opposing party.

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