{"title":"Covid-19大流行是法院判决延迟执行的一个因素","authors":"Dita Amalia, Dian Latifiani","doi":"10.15294/pandecta.v18i1.44130","DOIUrl":null,"url":null,"abstract":"Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions\",\"authors\":\"Dita Amalia, Dian Latifiani\",\"doi\":\"10.15294/pandecta.v18i1.44130\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.\",\"PeriodicalId\":30516,\"journal\":{\"name\":\"Pandecta Research Law Journal\",\"volume\":\"49 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pandecta Research Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.15294/pandecta.v18i1.44130\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pandecta Research Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15294/pandecta.v18i1.44130","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
具有永久法律效力的司法判决包含了当事人之间明确的、永久的法定权利和地位,这些权利和地位必须通过执行才能实现。执行是法院对被告人不愿自愿执行司法判决的强制行为。本研究的目的在于了解第10/Pdt号民事案件中造成实际执行延迟的因素。G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019本研究采用实证法学研究方法和定性研究方法。为了获得必要的数据,作者使用了几种方法,即访谈和文献分析。本研究结果表明,第三方阻力和新冠肺炎疫情是造成第1号民事案件实际执行延迟的因素。10 / Pdt。G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019原则上,即使存在阻力,除非阻力的原因是合理的,否则不绝对延迟执行;在这种情况下,执行至少要推迟到地区法院对抵抗作出决定为止。另一方面,健康原因和政府不进行人群聚集活动(保持身体距离)的政策,是将新冠肺炎疫情视为实际执行推迟原因的依据。执行权是区域法院院长以政策形式行使的权力。因此,民事案件的执行因第三方的抵制而被推迟,COVID-19大流行是地区法院院长的政策,这是法律赋予的。执行权是区域法院院长以政策形式行使的权力。因此,民事案件的执行因第三方的抵制而被推迟,COVID-19大流行是地区法院院长的政策,这是法律赋予的。执行权是区域法院院长以政策形式行使的权力。因此,民事案件的执行因第三方的抵制而被推迟,COVID-19大流行是地区法院院长的政策,这是法律赋予的。
Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions
Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.