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Heri Hartanto, S.H., M.H
Procedural Law Department Faculty of Law Sebelas Maret University
Humanities Law, Crime, Criminology & Criminal Justice

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Formulasi Kumulasi Gugatan Yang Dibenarkan Tata Tertib Acara Indonesia Kidung Sadewa; Heri Hartanto, S.H., M.H
Verstek Vol 5, No 3 (2017)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.901 KB) | DOI: 10.20961/jv.v5i3.33546

Abstract

      The aim of this research is to understanding the cumulative claim based on Indonesian civil procedural law by analyzing two verdict of supreme court since no civil procedural rule that prohibit cumulative claim.     This is prescriptive doctrinal or normative research with the case approach, this research use the primary law sources and secondary law sources as legal source. The technique of collecting legal material in this research use library research and use inductive method as the technique of analyzing legal material.    The unpresent of rule in Indonesian civil procedural law that prohibit cumulative claim inevitablely permit cumulation claim.  However in practice, there is a contradiction of two supreme court’s verdicts which are verdict number 2157 K/Pdt/2012 that permit cumulative claim and verdict number 571 PK/PDT/2008 that prohibit cumulative claim. According to two analyzed verdicts, it can be acquired that permitted cumulative claim formulation in Indonesian civil procedural law required close connection, legal connection and consistency at the claim.     Keywords: Onrechtmatige Daad, Tort, Cumulative Claim
Pelaksanaan Eksekusi Putusan Pengadilan Terhadap Sebagian Obyek Eksekusi Yang Dikuasai Pihak Ketiga Riswanda Harvianto; Heri Hartanto, S.H., M.H
Verstek Vol 7, No 1 (2019): APRIL
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1125.627 KB) | DOI: 10.20961/jv.v7i1.30070

Abstract

     This study aims to determine the process of court verdict execution on the object of execution controlled by third parties and the obstacles that experienced in executing the verdict and the solution to the verdict Number 30 / Pdt.G / 2009 / PN.Ska Jo Number: 347 / Pdt / 2009 / PT.Smg Jo Number: 1274K / Pdt /2010 Jo Number: 222PK / Pdt / 2015.     This research is a descriptive empirical law research. The sources used in this study are primary legal materials and secondary legal materials. Data collection techniques used were feld studies at the Surakarta District Court and literature study, the main study in this study was Verdict Number: 30 / Pdt.G / 2009 /PN.Ska Jo Number: 347 / Pdt / 2009 / PT.Smg Jo Number : 1274K / Pdt / 2010 Jo Number: 222PK /Pdt/ 2015. The data analysis technique used is interactive analysis.    Based on the results of research and discussion, concluded that the process of execution of the object controlled by a third party implemented by negotiation with the third party which ultimately resulted in the agreement of giving amends to third parties. Execution may be executed after a request for judicial review fled by the defendant and the resistance proposed by a third party is declared rejected. The obstacles experienced in executing the execution itself are from the frst judgment itself because, in consideration of the judge who decides at the frst level the so-called party to take control of the object of dispute the settlement may be done outside the court but, in its implementation the third party is resisting so that the execution process had experienced a delay.Keywords: Execution, Civil Verdict, Third Parties
Co-Authors Kidung Sadewa Riswanda Harvianto