Eksekusi Perkara Perdata dan Amar Putusan Hakim yang Bersifat Deklamatoir (Studi Kasus di Pengadilan Negeri Lubuk Pakam)

Abstract

From the analysis above, then the researcher formulates the problem that is: how the position of the decision of the civil case that is "deklaratoir"? And how the decision that is "deklaratoir" bring the benefit for the seeker of justice? By using the research method that is descriptive analytical with the normative legal approach then can give the conclusion that the position of the decision command of the judge that is deklarator deklarator am results of the knot of the inspection of case material and/or the most important core that explains the truth of the existence of the incident and/or the existence of the right that is disputed that is presented in the command (dictum) the decision and the characteristics dekaratoir that is meant have resulting from the law as the right base for the plaintiff. Further in practice the judicature, the decision that is deklaratoir that state the existence of the debt/compensation, or the existence of the plaintiffs proprietary rights on the object of the dispute that is controlled by the accused against the law, if being not supported with the decision command that is condemnatoir, am to be unable to be undertaken (Non eksekutabel). So that the decision is useful, then must be promoted by the special lawsuit by the plaintiff am based on the decision that precedes him to receive the decision command that is condemnatoir with the decision all of a sudden (Uit voerbaar bij voorraad). In this case the practice of the judicature that is compatible with his legal principles, need not be maintained and the Supreme Court's side as the holder of the Authority of most High Justice, already sepatut him do revormasi the law about the practice of the judicature that is compatible with the judicature principles through the Supreme Court's Regulation (PERMA) or the Supreme Court's Circular (SEMA) am waiting for the existence of the compilation of the Indonesian Civil Proceeding Law that is new. Necessarily the decision command that is deklaratoir especially that arrange the existence of the right and the obligation could have been undertaken (the execution), although being not supported with the characteristics condemnatoir him, with a juridical argumentation, that the characteristics condemnatoir that is the problem of the law that need not be stressed in the command (dictum) the decision, because of becoming the legal obligation.