Permasalahan Pelaksanaan Lelang Eksekusi Putusan Pengadilan Dalam Perkara Perdata dalam Praktik

Sonata, Depri Liber

doi:10.25041/fiatjustisia.v6no2.329

Cited by 3 publications

(2 citation statements)

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“…The function of visum et repertum is to play a role in the process of proving a criminal case, describing the results of the medical examination that are substantiated in the news section and considered as a substitute for evidence, containing the doctor's statement of the results of the medical examination that is the most important in the conclusion (Soekanto, 2016). The content of the writing in visum et repertum has the word pro justitia on the top left and the format of visum et repertum includes Introduction, News, Conclusion and Conclusion (Gainer, 2018).…”

Section: Introductionmentioning

confidence: 99%

Visum Et Repertum As Evidence In Uncovering The Occurrence of Criminal Acts

Putri

Sularto²

2023

devotion

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The criminal law evidentiary system in Indonesia is a negative wettelijk or proof sys-tem based on the Law negatively. To make light of a criminal act, valid evidence is needed according to the Criminal Procedure Code as stated in Article 184 paragraph 1 of the Criminal Procedure Code. Not all criminal acts can be proven with the naked eye. For example, evidence related to bodily injuries or that cause health problems, or that result in the death of a person. Without expert help a law enforcement officer cannot conclude this. the purpose of this research is to find out visum et repertum as evidence in uncovering the occurrence of criminal acts. This research is a legal research that uses a normative or doctrinal juridical ap-proach by collecting and analyzing secondary data. So it is necessary to help the medical science of the judiciary to deal with the problem. Forensic doctors assist in processes related to judicial proceedings. And the results of the examination are poured into Visum et Repertum. In criminal cases Visum et Repertum is used instead of corpus delicti. That visum et repertum is valid evidence in accordance with article 184 of the Penal Code as evidence of letters

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Section: Introductionmentioning

confidence: 99%

Visum Et Repertum As Evidence In Uncovering The Occurrence of Criminal Acts

Putri

Sularto²

2023

devotion

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“…When talking about execution rules, you must refer to the laws and regulations regulated in the Herziene Inlandsch Regulation (HIR) or Rechtsreglemen voor de Buitengewesten (RBg) (Simbolon, 2021). Execution can be interpreted as carrying out or implementing a court decision that has permanent legal force (in kracht van gewijsde) (Sonata, 2012). Every decision must be executed, because there will be no meaning if the decision cannot be executed, as it is known that the judge's decision at any time will become a decision that has permanent legal force (inkracht van gewijsde) (Supit, 2016).…”

Section: Introductionmentioning

confidence: 99%

Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia

Yurikosari,

Amriyati,

Pamungkas

2023

Eduvest

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The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.

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Juridical Overview Regarding the Unenforceability of Court Decisions in Civil Cases That Have Permanent Legal Force (INKRACHT)

Zakariyah

Riyadh

2020

IJPPR

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The approach is the statute approach, which is to examine the legal rules that apply in Indonesia, relating to the non-enforceability of court decisions in civil cases that already have permanent legal force (Inkracht). Data were collected through primary legal materials which include several laws that refer to civil law and secondary legal materials by digging up information related to the content of the research being studied, and using several books, journals, and previous research. Execution of a decision or what is known as execution is a forced action taken by the Court to a party who has lost to implement a decision that has permanent legal force, this becomes a series of decisions that are included in the end of a civil case process concerning the rights and obligations of a person both in a matter or dispute. From this study it can be concluded that the scope of execution of civil cases in its implementation is divided into two, namely real executions and executions with the payment of a sum of money. However, in carrying out the execution, several legal reasons were found that became obstacles so that the execution could not be carried out, including: the absence of executable assets, the declaratory decision, the object of the execution was in the hands of a third party, the land to be executed was not clearly defined. , changes in the status of land to be owned by the state, and the object of execution is abroad.

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Permasalahan Pelaksanaan Lelang Eksekusi Putusan Pengadilan Dalam Perkara Perdata dalam Praktik

Cited by 3 publications

References 0 publications

Visum Et Repertum As Evidence In Uncovering The Occurrence of Criminal Acts

Visum Et Repertum As Evidence In Uncovering The Occurrence of Criminal Acts

Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia

Juridical Overview Regarding the Unenforceability of Court Decisions in Civil Cases That Have Permanent Legal Force (INKRACHT)

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