Kedudukan dan Upaya Hukum Putusan Perkara Perdata yang Bersifat Non Executable
Universitas Islam Indonesia
Universitas Islam Indonesia
Law of procedure in common include law of private procedure knew a ‘litis finiri oportet’ principle that wants every cases that put on trial and being examined by judge meet the end, that called as an execution of judge’s verdict. One of the principles of execution is the existence of a condemnatoir/punishing decision to one of the parties based on the petitum of the lawsuit/rekonpensi (reverse) lawsuit. Kudus Court Verdict Number 18/Pdt.G/2013/PN.Kds. and Klaten Court Verdict Number 104/Pdt.G/2018/PN.Kln. were example of a non-executable decision because there is no punitive ruling. This study offers problem formulations: 1.) Whether the decision that does not grant the condemnatoir petitum in the lawsuit/rekonpensi lawsuit is a legally flawed verdict?; 2.) What are the legal remedies that can be submitted by the parties against verdict that is not contain the condemnatoir/punishing decision? This is juridical normative study by prioritizing secondary data sources through primary, secondary, and tertiary legal materials obtained through library research. The result of this study confirm the principle of ius curia novit and the principle of res judicata provaritate habetur to protect judges even though there are defects in the decision, and parties who are dissatisfied can file ordinary remedies called appeal and cassation or extraordinary legal remedies called request civil, on case-by-case basis.
Keywords: execution, legal remedies, non executable, verdict.
Universitas Islam Indonesia
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Email: fh[at]uii.ac.id