EKSEKUSI RIIL SENGKETA TANAH ANTARA PT. JONDUL JAYA SAKTI CABANG PEKANBARU DENGAN PIHAK TAHREL DI PENGADILAN NEGERI PEKANBARU

Abstract

In carrying out a decision (execution), in essence, the losing party often
does not want to carry out the decision voluntarily, so that the implementation of
the judge's decision is carried out by coercion (real execution) by the executing
party with the help of public forces such as the police and even the military. Real
executions carried out by courts often encounter resistance from executed parties
who do not accept the judge's decision. So many factors can hinder the execution.
The land dispute case between the Tahrel Party and PT. Jondul Jaya Sakti
Pekanbaru Branch has passed all stages of the trial starting from the First
Session, Appeal, Cassation, even to the extraordinary judicial review. The Court's
decision stated that the land was the property of Tahrel, but the Pekanbaru
District Court did not carry out the execution of the land on the grounds that
there was a lawsuit from a third party.
The type of legal research is sociological, which in this research is carried
out by going directly to the field to collect primary data through interviews with
the parties involved in this case, namely the lawyers of PT. Jondul Jaya Sakti
Pekanbaru Branch, Tahrel, Registrar of the Pekanbaru District Court and Bailiff
of the Pekanbaru District Court. This research uses a descriptive method. The
nature of this research is descriptive.
The results of this study are the inhibiting factors for the real execution of
land disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with Tahrel at
the Pekanbaru District Court were the losing parties (PT. Jondul Jaya Sakti
Pekanbaru Branch) resisted with a lawsuit from a third party. The execution
could not be carried out because it was still waiting for a lawsuit decision from a
third party. Efforts made in overcoming the inhibiting factors for the execution of
real land disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with the
Tahrel Party at the Pekanbaru District Court, namely the winning party (Tahrel)
submitted an application for forced implementation of the Judge's decision
through the competent District Court. Tahrel submitted a request for re-execution
to the Head of the Pekanbaru District Court to carry out the execution for the
umpteenth time, namely the first on 18 July 2019, the second 28 July 2019 and the
third 5 August 2019.
Keywords: Real execution, land dispute, Pekanbaru District Court