PERLAWANAN PIHAK KETIGA (DERDEN VERZET) TERHADAP PUTUSAN VERSTEK

NI PUTU AYU PRADNYAWATI

Sari


ABSTRACT

Derden verzet or third parties are granted rights of article 165 paragraph 6 HerzeinInladsch Reglement (HIR) or Article 379 Rv for someone who is not involved in the proceedings, to oppose an act detrimental to its interests. The action was due to a decision that is resisted. In this third-party resistance is generally in a case not included in the trial court and had nothing to do with the parties to the dispute, but his belongings were valid either for goods movable or immovable seized by court. The formulation of the issues raised are (1) How Derden verzet (resistance third parties) to do against the decision verstek? (2) How to consideration of the judge in giving an assessment of the decision of the requested remedies verstek derden verzet? Issues to be discussed will be assessed based on a normative standpoint, in accordance with legal research used is the normative approach to the problem used in this thesis is the approach of legislation and conceptual approaches.
The results showed that of the description derden That verzet and verzet, actually derden verstek verzet against the decision can only be made during the implementation of the execution of the verdict verstek. So in conclusion, before the execution of the decision verstek who have permanent legal force implemented, the resistance of third parties already can be sure to be rejected by the judge who hears the case derden verzet. That is, because that legal remedy against the decision is not derden verzet verstek but verzet. Derden verzet is not a legal action by a third party against the decision verstek, and if it is done by a third party who is not involved in the decision verstek, then this resistance should have been rejected by judges. Resistance derden verzet which has been forwarded by a third party against the decision verstek it should be rejected because it is not a remedy of the ruling verstek. In addition the judge in deciding the case should also consider resistance as well as possible so that what is decided can provide a sense of justice for justice seekers.
Keywords: Resistance, Derdenverzet, verzet

Teks Lengkap:

Tidak berjudul

Referensi


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