THIRD PARTY RESISTANCE (DERDEN VERZET) AS AN EFFORT TO SUSPEND THE EXECUTION (Case Study on Case Decision Number 118/Pdt.G/2020/PA.Kds)

Abstract

<p><em>Third party resistance (derden verzet) as an extraordinary legal effort given to parties outside the litigation who feel deprived of their rights by the execution of the Court, in the civil justice system in Indonesia is still a recognized means to provide protection for third parties in office as a true opponent to suspend executions. The author conducted a study on Decision Number 118/Pdt.G/2020/PA.Kds of the Holy Religious Court regarding the derden verzet related to the execution confiscation. This study aims to find out the reasons for the resistance, to know the judge's judgment in rejecting the resistance and to know the legal protection provided for the auction winner in the presence of third party resistance. The authors examine this case using juridical-sociological research methods. Based on the research, the Author obtained the result that the Council of Judges accepted some of the lawsuits and suspended some with the consideration that the opponent was the right opponent, but in this case opponent I who confiscated the bail that had previously sold the land to the opponent by Opponent II and this is not known. by Pelawan.</em></p>