Analisis Yuridis Penundaan Pelaksanaan Eksekusi Tanah Waris Akibat Domisili Tanah dalam Putusan Error In Objecto (Studi Putusan Mahkamah Agung Nomor 204 K/Pdt/2019)

Abstract

The Panel of Judges’ decision is final and banding (inkracht) so that the litigants have to implement the verdict although it is not uncommon that the verdict cannot be executed because of various reasons, and of them is that the case object is in ‘error in objecto in the judges’ ruling No. 204 K/Pdt/2019. The research problems are as follows : how about the affect the postponement of the land execution by this Ruling, how about the legal remedy wichh can be done by litigants about the Panel of judges’ decision which is in error in objecto, and how about the analysis on the jugges’ consideration and decision concerning the “error in objecto” in land despute in the Ruling No. 204 K/Pdt/2019. The research uses a juridical normative research method with a descriptive anayitic approach. The data are collected by conducting library research, documentary study and statute approach and case studies. Secondary data are collected from primary, secondary, and tertiary legal materials and analyzed using qualitative data analysis. The result of the research suggest that the factor which has postponed the implementation of the execution is that the judges’ decision in “ in rerror in objecto because the complaint material is not correct, the panel of judges in not accurate in making the decision so that defendant reject the complaint, the local government officials deny the land location as the case object, and the authorities are not skillfull in doing their jobs. The plaintiff’s legal remedy to get legal certainty is by filling a new complaint and to get justice is by doing legal remedy for judicial review. Analysis is on the consideration for the panel of judges’ decision in the Ruling No. 204 K/Pdt/2019 is by stating that the judges’ decision is wrong because the location which becomes the case object of the land is “Error in Objecto” so that Ruling become non-executable