RESPONSIBILITY OF HUMANITARIAN VALUES AND JUSTICE OF THE EXECUTION APPLICANT, REGARDING THE SAFETY OF THE EXECUTION RESPONDENT'S PROPERTY: CASE STUDY: RULING No. 109/Pdt/2016/PT.Pbr

Abstract

The Execution System is the embodiment of regulations regarding a form of coercive action in the
implementation of court decisions, the implementation of decisions of quasi-judicial institutions, and
certain legal documents. With the issuance of decision Number 109/PDT/G/2016/PT.PBR, execution is
not just a system but is a hope, guarantee, and means to fulfill justice for execution applicants. Execution
is a solution to ensure the safety of the property belonging to the applicant for execution. The main
problems in this research are: 1) what is the responsibility of the execution applicant's human values
and justice towards the safety of the execution applicant's property: Case study of decision No.
109/Pdt/2016/PT.Pbr, at the Dumai District Court; 2) what are the obstacles to the respondent's
execution of decision case no. 109/Pdt/2016/PT.Pbr, at the Dumai District Court. The research method
used is normative juridical with analytical descriptive research specifications. From the results of this
research, execution system regarding the responsibility of the execution applicant's human values and
justice, towards the safety of property belonging to the execution applicant: Case study of decision no.
109/Pdt/2016/PT.Pbr, at the Dumai District Court, legal protection must be given in accordance with
the Directorate General of General Justice 2019 concerning execution guidelines in district courts
regarding the stages of execution and Article 196 HIR / 207 RBg, but after a material review regarding
this Law, its regulation and implementation is in accordance with Constitutional Court Decision No.
18/PUU-XVII/2019 and Indonesian National Police Regulation No. 8 of 2011 concerning Securing the
Execution of Collateral. As for the obstacles to the respondent's execution in decision case no. 109/
Pdt/2016/PT.Pbr, at the Dumai District Court, these are, among other things, Internal Factors: 1) not
all execution teams are able to carry out voluntarily and without guarantees of safety 2) not all execution
teams have a good social and religious spirit in carrying out execution. External Factors: 1) the party
being executed is difficult to find, 2) there is no good faith on the part of the person being executed.