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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

THE PROBLEM OF EXECUTION IN DISTRICT COURT AGAINST OVERLAPPING COURT DESCISION (A Study at the Cianjur District Court) Bagus Mizan Albab; Abdul Rachmad Budiono; Sihabudin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2766

Abstract

Execution is a crown for a court especially for the head of district court to execute the court decision. In principle, execution does not need to be submitted through the district court if the losing party or defendant is willing to voluntary perform or fulfill the performance of the court decision (article 195 paragraph 1 HIR of article 206 paragraph 1 RBG). The petition of execution may only be filled against a court decision that meets the requirement for execution. In the practice law field, the problem with the implementation of execution of overlapping court decision with the similar or same object, same party, but have different court decisions. The research method used is normative juridical and the data used includes relevant legal regulation, court decisions and relevant legal literature. Therefore, towards this issue, this journal will discuss and convey solutions related to the issue of execution and its resolution strategy, with the aim that the court decision will be able to be executed (executable judgment).
APPLICATION OF DWANGSOM (COERCED MONEY) IN DISPUTE RESOLUTION BREACH OF PAYMENT OF SHARIA LIFE INSURANCE CLAIMS (Study of Supreme Court Decision Number 364 K/Ag/2023) Firdiansyah Hidayatullah; Moh. Fadli; Sihabudin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4110

Abstract

The ruling in the Supreme Court Decision Number 364 K/Ag/2023 contains a penalty of payment of a sum of Rp538,178,014.00 (five hundred thirty-eight million one hundred seventy-eight thousand and fourteen rupiah) and also contains a penalty of dwangsom (forced money) to the defendant/applicant of cassation in the amount of Rp100,000.00 (one hundred thousand rupiah) for each day the defendant is late in carrying out the contents of the decision that has obtained permanent legal force. If referring to the norm in Article 606a Rv, the judge can only impose a penalty of dwangsom (forced money) if the judge's decision contains a penalty other than the penalty of paying a sum of money. The deviation in the application of the penalty of dwangsom (forced money) in the decision is based on considerations of justice and legal benefits as contained in the legal considerations. The research method in this writing is a normative legal research method by analyzing legal norms with legal principles. The purpose of this writing is to provide an understanding of the judge's authority in imposing a dwangsom (forced money) penalty in a default decision which includes a penalty of payment of a sum of money in a sharia life insurance case which is guided by the principles of justice, legal benefit, and the principle of ta'awun (mutual assistance).