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STUDI KASUS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 651 K/PDT/2015 TENTANG GUGATAN GANTI RUGI KEBAKARAN HUTAN YANG EKSEKUSINYA DITUNDA SEMENTARA BERDASARKAN PENETAPAN HAKIM


A court decision is meaningless if it cannot be implemented. Execution as a forced legal action carried out by a court against ...

  • CodeCallNoLokasiKetersediaan
    119/2020119/2020Perpustakaan Prodi S1 FH Unpad JatinangorTersedia
  • Perpustakaan
    Fakultas Hukum
    Judul Seri
    -
    No. Panggil
    119/2020
    Penerbit Fakultas Hukum UNPAD : Jatinangor Sumedang.,
    Deskripsi Fisik
    x/111hal/30cm
    Bahasa
    English
    ISBN/ISSN
    -
    Klasifikasi
    NONE
    Tipe Isi
    -
    Tipe Media
    -
    Tipe Pembawa
    -
    Edisi
    -
    Subyek
    Info Detil Spesifik
    -
    Pernyataan Tanggungjawab
  • A court decision is meaningless if it cannot be implemented. Execution as a forced legal action carried out by a court against the party who loses in a case, is a rule and procedure for the continuation of the case examination process. When going to execution, it is not uncommon to encounter obstacles that cause execution to be delayed. One of them is the case of the Supreme Court Decision Number 651 K / Pdt / 2015 between the Ministry of Environment and Forestry (appealed for cassation) and PT Kalista Alam(appeal applicant) whose execution was temporarily delayed due to the determination of Number 1 / Pen / Pdt / Eks / 2017 / PN.Mbo. The purpose of this research is to analyze whether the stipulation is in accordance with the provisions in the civil procedural law and the effort to straighten or correct the stipulation is related to the civil procedural law.The research method used is a normative juridical approach using secondary data obtained from literature studies, namely legislation, legal theories and the opinions of leading scholars. This research uses descriptive analytical research specifications, namely describing the prevailing laws and regulations with legal theories associated with the practice of its implementation concerning the problems studied, the data analytical method used is qualitative normative.The results of the research explain that the stipulation that causes the execution to be temporarily delayed clearly violates the principles of civil procedural law such as the non-fulfillment of the three elements of the requirements for issuing the stipulation according to Yahya Harahap (one-sided problem, without disputes with other parties and ex-parte), the principle of simple, fast, and low cost judiciary, the principle that thejudge must listen to statements from both parties, and the principle of legal certainty. Correction efforts that can be made by the applicant for execution as a result of the execution was temporarily delayed due to the judge's decision, namely first, submitting a cancellation request to the Supreme Court for the decision, Second, filing an appeal and Third, filing ajudicialreview.
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