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Wiraputra, Anak Agung Ngurah Alit
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Law, Crime, Criminology & Criminal Justice

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Just Execution with Permanent Legal Force Wiraputra, Anak Agung Ngurah Alit; Suryadi, Yohanes I Wayan
Journal Equity of Law and Governance 134-141
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.134-141

Abstract

The execution of a civil case decision that has permanent legal force often experiences obstacles in its implementation, and is even difficult to implement. This is contrary to the principles of a simple, fast, and cost-efficient justice system, especially in the execution process. The applicant for execution, who hopes that his rights can be fulfilled by the respondent, is often burdened by high execution costs, even though the execution is carried out not due to the applicant's fault, but due to the respondent's unwillingness to voluntarily implement the decision. In this case, the aim is to analyze the regulation of the execution of civil case decisions that do not reflect justice, identify weaknesses in the implementation of the execution of civil cases that have permanent legal force, and provide a concept of justice-based execution reconstruction. The approach used in this study is normative juridical with a post-positivism paradigm, as well as through the approach of laws, concepts, comparisons, and cases. It can show that the current execution regulation does not provide a sense of justice, with the existence of legal uncertainty and problems in the execution procedure. Weaknesses in the legal substance in the HIR/RBg, as well as structural weaknesses and legal culture, are the main factors in the ineffectiveness of the execution of civil case decisions. Legal reconstruction includes changes to related articles in the HIR and the General Courts Law, as well as the establishment of a special institution that handles confiscation and execution. So that a fairer execution concept can be created and provide legal certainty for execution applicants.
Omnibuslaw, Theory and Practice in the Field of Tourism Investment Arjaya, Bendesa Gede Mas Indriyanigraha; Wiraputra, Anak Agung Ngurah Alit
Journal Equity of Law and Governance 142-150
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.142-150

Abstract

Execution is the implementation of a court decision that has permanent legal force (in krach van gwijsde) which is carried out by force against the losing party in a case who does not want to comply with the implementation of the court decision. As with the "word execution" which has been known especially in legal circles, it turns out that the word comes from English which in the original text is written excecutie which means to carry out, do, carry out, do, kill according to the judge's decision. Carrying out the death penalty in short, execution means carrying out or relating to the implementation of the executive institution, for example, which means an institution that has the authority to implement the Law. This process involves the assistance of court officials, including clerks and bailiffs, and can use general force such as the police or military if necessary. Execution aims to ensure the implementation of decisions that contain elements of punishment and must be carried out by paying attention to humanitarian values and justice. Law, as a tool to achieve social goals, has an important role in creating a more just and prosperous society, by accommodating public, social, and personal interests. In developing tourism in a region, it is necessary to pay attention to the potential of the region concerned. The more potential there is in an area, the more feasible the area is to be developed into a tourist destination so that the implementation of execution in tourist areas is very risky because it involves security forces. The implementation of execution involving security forces will affect the community and residents in tourist destinations that are widely visited by tourists, because it can affect the comfort and safety of tourists.
Co-Authors Arjaya, Bendesa Gede Mas Indriyanigraha Suryadi, Yohanes I Wayan