UPAYA HUKUM KASASI TERHADAP PUTUSAN PENGADILAN TINGGI MEDAN OLEH TERGUGAT (Studi Kasus Perkara Nomor 51/Perdata/2018/PN.PMS jo. 7/Perdata/2019/PT.MDN)

Ambarita, Yermia Stephani (2020) UPAYA HUKUM KASASI TERHADAP PUTUSAN PENGADILAN TINGGI MEDAN OLEH TERGUGAT (Studi Kasus Perkara Nomor 51/Perdata/2018/PN.PMS jo. 7/Perdata/2019/PT.MDN). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This manuscript entitled "Cassation Legal Efforts Against the Medan High Court Decision by the Defendant (Case Study Number 7 / Perdata / 2019 / Medan High Court)" regarding the Analysis of the Case Analysis of the Cassation Lawsuit filed by the defendant at the Medan High Court. 7 / Perdata / 2019 / Medan High Court which is also related to elements of Batak customary law. The purpose of this research is to clearly determine the inheritance rights of the defendant and also the defendant in Decision Number 7 / Perdata / 2019 / Medan High Court looking at the considerations of Law Number 1 of 1974 concerning Marriage, Law Number 14 of 1970 concerning Basic Provisions of Judicial Power and their relation to Batak Customary Law. The legal research method used in this paper is a normative juridical method with qualitative descriptive data analysis method. The results showed that there was no legal protection for the defendant in the content of the Medan High Court judge's decision that did not properly consider the evidence and facts that occurred in the field accompanied by clear legal evidence and permanent legal force. The judge also did not properly consider other factors, namely the Batak customary law that occurred in this case which was detrimental to the defendant in the entire content of Decision Number 7 / Perdata / 2019 / Medan High Court.

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