Al Musawah, Fahmi and Suhartati, Suhartati (2026) Dampak Penundaan Eksekusi Harta Bersama Dalam Putusan Pengadilan Yang Sudah Inkrach. In: Dinamika Hukum Pengaturan BUMDesa. Program Studi Magister Ilmu Hukum Universitas Surabaya, Surabaya. (Submitted)
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Abstract
The problem of postponing execution requests often arises in resolving joint property disputes after a court decision has permanent legal force. This research aims to identify the factors that cause delays and the legal implications that arise from these conditions. The research method used is normative juridical with a document study approach, referring to applicable civil and constitutional laws and regulations, as well as analysis of concrete cases related to the execution of joint assets. The research results show that the main causes of delays include: (1) the existence of new disputes regarding the ownership or division of joint assets which were not regulated in the initial decision, (2) the inability of the parties involved to fulfill the administrative requirements in the execution process, (3) the existence of a request for review or cassation which is still in the process of being examined by the court. The legal implications of postponing an execution request include the emergence of legal uncertainty for the parties involved, the potential for damage to the value of joint property, and a decrease in public confidence in the justice system. This research recommends the need for procedural clarification regarding coordination between courts and related institutions in managing the execution of joint assets, as well as providing a clear understanding to the parties regarding their rights and obligations in the execution process to minimize delays.
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | Postponement of Execution, Joint Property Lawsuit, Permanent Legal Force |
| Subjects: | K Law > K Law (General) |
| Divisions: | Postgraduate Programs > Master Program in Law |
| Depositing User: | Amirul Ulum 195027 |
| Date Deposited: | 07 Aug 2026 02:53 |
| Last Modified: | 07 Aug 2026 02:53 |
| URI: | http://repository.ubaya.ac.id/id/eprint/51156 |
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