Upaya hukum pihak ketiga (derden verzet) terhadap sita eksekutorial dalam perkara perdata (studi kasus putusan 1542 k/pdt/2013) = Third party visitors (derden verzet) on executive officers in the matter (decision case study 1542 k/pdt/2013)
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Institusion
Universitas Pelita Harapan
Author
Noviandari, Afi
Subject
K Law (General)
Datestamp
2021-09-28 08:47:05
Abstract :
The purpose of this research is to find out the validity of a third party resistance (derden verzet) against an executable confiscation in a civil case. To analyze the submission of a third party resistance (derden verzet) against an executable confiscation in a civil case based on Decision 1542 K / PDT / 2013. The research method used in this study is normative juridical library research. Normative juridical research is research that uses literature or secondary data for research. The results of the case studies that will be examined and analyzed by the following authors describe a situation where resistance is filed by a third party as the sole party and the owner of the "land and building" that has been confiscated, does not have any relationship and / or interest in the lawsuit. civil code Number 133 / Pdt / G / 2008 / PN.Jkt.Ut., Jo. 298 / PDT / 2009 / PT DKI, Jo. Number 2026 K / PDT / 2010. The dispute in this research is regarding confiscation of collateral carried out by the North Jakarta District Court, which was requested by PT. Pundi Abadi Intisari to P.T. Indomas Bahari Makmur where both parties have entered into a trading agreement. P.T. Indomas Bahari Makmur has been declared to have committed a default on PT. Pundi Abadi Intisari, and proven to be negligent in transporting fertilizer which is its obligation to PT. Pundi Abadi Intisari. So that PT. Pundi Abadi Intisari requests compensation of Rp.595,500,000.00 which must be paid by PT. Indomas Bahari Makmur. The third party who filed a resistance (derden verzet) in this case is the party that feels most entitled to the object of the dispute and feels most disadvantaged by the existence of a request for execution by the North Jakarta District Court based on the Confiscation Confiscation according to the Official Sita Guarantee Number 133 / Pdt.G / 2008 / PN Jkt.Ut., Jo. Number 16 / CB / 2008 / PN.Jkt.Ut, because the rebuttal is the only heir of Mr. Alm King Widyanto as the legal owner of the Land Use Rights Building No.4724 / Penjaringan, covering an area of 60 m2, along with a 4-storey shop building that located on Jl Pluit Raya 5A No.18, Ruko Wijaya Sakti, North Jakarta. Derden verzet's conclusion was the resistance (of) a third party, which was harmed by a court decision. With respect to this ruling, the injured party may submit a resistance (derden verzet) to the Court which decides the case. How to submit derden verzet, the injured third party sues the parties to the litigation, if the resistance is granted by Derden verzet then the verdict that harms the third party must be canceled, so with derden verzet the Court can cancel its own decision.
The purpose of this research is to find out the validity of a third party resistance (derden verzet) against an executable confiscation in a civil case. To analyze the submission of a third party resistance (derden verzet) against an executable confiscation in a civil case based on Decision 1542 K / PDT / 2013. The research method used in this study is normative juridical library research. Normative juridical research is research that uses literature or secondary data for research. The results of the case studies that will be examined and analyzed by the following authors describe a situation where resistance is filed by a third party as the sole party and the owner of the "land and building" that has been confiscated, does not have any relationship and / or interest in the lawsuit. civil code Number 133 / Pdt / G / 2008 / PN.Jkt.Ut., Jo. 298 / PDT / 2009 / PT DKI, Jo. Number 2026 K / PDT / 2010. The dispute in this research is regarding confiscation of collateral carried out by the North Jakarta District Court, which was requested by PT. Pundi Abadi Intisari to P.T. Indomas Bahari Makmur where both parties have entered into a trading agreement. P.T. Indomas Bahari Makmur has been declared to have committed a default on PT. Pundi Abadi Intisari, and proven to be negligent in transporting fertilizer which is its obligation to PT. Pundi Abadi Intisari. So that PT. Pundi Abadi Intisari requests compensation of Rp.595,500,000.00 which must be paid by PT. Indomas Bahari Makmur. The third party who filed a resistance (derden verzet) in this case is the party that feels most entitled to the object of the dispute and feels most disadvantaged by the existence of a request for execution by the North Jakarta District Court based on the Confiscation Confiscation according to the Official Sita Guarantee Number 133 / Pdt.G / 2008 / PN Jkt.Ut., Jo. Number 16 / CB / 2008 / PN.Jkt.Ut, because the rebuttal is the only heir of Mr. Alm King Widyanto as the legal owner of the Land Use Rights Building No.4724 / Penjaringan, covering an area of 60 m2, along with a 4-storey shop building that located on Jl Pluit Raya 5A No.18, Ruko Wijaya Sakti, North Jakarta. Derden verzet's conclusion was the resistance (of) a third party, which was harmed by a court decision. With respect to this ruling, the injured party may submit a resistance (derden verzet) to the Court which decides the case. How to submit derden verzet, the injured third party sues the parties to the litigation, if the resistance is granted by Derden verzet then the verdict that harms the third party must be canceled, so with derden verzet the Court can cancel its own decision.
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