PELAKSANAAN PUTUSAN SERTA MERTA ( UIT VOERBAAR BIJ VOORRAAD ) DAN HAMBATANNYA DALAM PRESPEKTIF PERWUJUDAN KEPASTIAN HUKUM DI PENGADILAN NEGERI BANTUL DAN PENGADILAN NEGERI SLEMAN

This study discusses about the Uitvoerbarr bij voorraad, precisely in terms of any decision can be implemented immediately and obstacles and how to overcome them by the dictrict courts in the jurisdiction of the apeal court of Yogyakarta. Because the decision necessarily is still a scourge of its ow...

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Bibliographic Details
Main Authors: , Arief Boediono, SH, , Dr. Sutanto, Sh. MS
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2011
Subjects:
ETD
Description
Summary:This study discusses about the Uitvoerbarr bij voorraad, precisely in terms of any decision can be implemented immediately and obstacles and how to overcome them by the dictrict courts in the jurisdiction of the apeal court of Yogyakarta. Because the decision necessarily is still a scourge of its own for the judges. Expected from the study, to know the implementation of the decision immediately with clear, knowing the obstacles encountered in implementing the decision immediately and find out how the District Court in the jurisdiction of the apeal court of Yogyakarta in solving problems in the implementation of the Uitvoerbarr bij voorraad . To get the purpose of this study, hence in this study proposed three fundamental questions, namely: in the case of Uitvoerbaar bij Voorraad can be applied?, Any barriers that arise in the implementation of Uitvoerbaar bij Voorraad ?, and how the district court in the jurisdiction of the the apeal court of Yogyakarta resolve obstacles that arise in the implementation of Uitvoerbaar bij Voorraad ? This study is an empirical sociological study that is descriptive exploratory. The method use is a juridical sociology, this research also used a normative juridical approach, synchronization of law and comparative law used to see the authority of the Court in executing judicial authority in the field of civil law from the aspect of legislation. The results that get is that Uitvoerbaar bij Voorraad rendered with due attention to grammar rules and the constraints faced by the District Court of Sleman and the District Court of Bantul and the District Court of Sleman and the District Court of Bantul can also resolve the issue. Finally, this study concludes that the decision necessarily rendered still heed Article 180 paragraph (1) HIR and Article 191 paragraph (1) and article 332 Rv Rbg and also SEMA SEMA No. 13 of 1964, the SEMA No. 5 of 1969, SEMA No. 3 / 1971, SEMA No. 06 In 1975, SEMA No. 03 In 1978, SEMA No. 3 of 2000, the SEMA No. 4 of 2001 and the obstacles faced by the District Court of Sleman and the District Court of Bantul in implementing the Uitvoerbarr bij voorraad is the presence of the parties who won can not or do not want to give guarantees, Object case has been transferred to third parties and the judge will issue the verdict of lack of understanding necessarily and fees as well. the District Court of Sleman and the District Court of Bantul in overcoming this obstacle is to not necessarily carry out the decision that has been imposed by the judge and provide learning opportunities and training for judges in the District ourt of Sleman and the District Court of Bantul C