Reconstruction of Civil Case Execution Regulation on the Implementation of Uitvoerbaar Bij Voorraad Based on Justice Value

Abstract

The Institute for Immediate Decisions (UitVoerbaar Bij Voorraad) currently does not prioritize human rights and equal protection before the law, because the regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) are uncertain in their application. The purpose of this study is to find and analyze the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) which currently have not been able to realize Pancasila justice; Weaknesses of the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) in Indonesia at this time; and Reconstructing Civil Case Execution Regulations for the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Pancasila Value of Justice. In this study, the constructivism paradigm was used, the socio-legal research approach method. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. Related to qualitative descriptive data analysis. Legal theory as an analysis of Grand Theory (Pancasila justice theory), Middle Theory (legal system theory), Aplaid Theory (Progressive Law). The findings of the study are that (1) the Civil Case Execution Regulation on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice has not been able to realize Pancasila Justice, because it does not prioritize human rights and legal certainty as characteristics of Pancasila justice. Apart from that, it appears that unequal treatment before the law, because of the regulations as stipulated in article 180 paragraph (1) HIR / article 191 paragraph (1) RBG, there must be Authentic Evidence of the Plaintiff, so the Immediate Application of the Decision cannot be dropped if each - each party has authentic evidence. (2) Weaknesses in the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad). In substance, this regulation is still floating (floating norm) so that the Immediate Decision cannot be implemented and executed (non-executable). This is what causes the legal structure, namely the Court does not comply with the Application of the Immediate Decision (Uitvoerbaar Bij Voorraad). This fact can become a legal culture that is not good, both within the judiciary itself and among justice seekers and society. (3) Reconstruction of Civil Case Execution Regulations on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice by Removing Article 180 paragraph (1) HIR / Article 191 paragraph (1) RBG, to realize Pancasila justice which prioritizes human rights and equality before the law.