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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum Acara Perdata ADHAPER Jurnal Bina Mulia Hukum Jurnal Sains Sosio Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Acara Perdata Jurnal Akta Yudisia Panji Keadilan : Jurnal Ilmiah Nasional Mahasiswa Hukum Jurnal Poros Hukum Padjadjaran Yuridika Socius: Social Sciences Research Journal
Anita Afriana
Fakultas Hukum Universitas Padjadjaran
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Hukum Acara Perdata

 1 
Surat Keterangan Waris Yang Memuat Keterangan Tidak Benar Dikaitkan Dengan Kekuatan Pembuktiannya Sebagai Akta Otentik Shafira Meidina Rafaldini; Anita Afriana; Pupung Faisal
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v6i1.101

Abstract

In Indonesia the distribution of inheritance, there are often disputes between parties who have an interest in each other. This makes some people choose to make a Inher itance Certificate which aims to prove the parties entitled to inheritance from the testator. In practice, heirs are often found that contain incorrect statements and serve as evidence in court proceedings, as found in Supreme Court Decision Number 121/Pid/2017/PT.DKI. This article discusses the power of proof of authentic deeds which contain incorrect statements in terms of the perspective of the Civil Procedure Code and the validity of an agreement based on authentic deeds which contain incorrect statements based on the Civil Code. Normative juridical research methods are used in this study, namely in-depth analysis of the positive regulations concerned and also field research related to the process of making a Certificate of Inheritance in the Religious Courts, Notaries, and Village Offi ce. Based on the results showed the Inheritance Certificate containing incorrect information, still has the power of proof attached as long as no cancellation is submitted to the judge by the parties who feel disadvantaged, and as long as there is no decision from the court stating that the deed is invalid. However, if there has been a decision from a judge stating that a certain authentic deed is invalid, then the deed no longer has the perfect proof of strength as an authentic deed.
Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL) Anita Afriana; Abdoel Harun Lamo
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v6i1.98

Abstract

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.
Co-Authors Abdoel Harun Lamo Agung La Tenritata An An Chandrawulan Bagus Sujatmiko Dinda Ayu Narassati Efa Laela Fakhriah Efa Laela Fakhriah Hazar Kusmayanti Melin Simorangkir Nun Harrieti, Nun Pupung Faisal Rai Mantili Refhianti Chairanie Shafira Meidina Rafaldini Sherly Ayuna Putri Yonathan Aji Pamungkas