Court Decision Number Research Articles

Legal Agreement on Supreme Court Decision Number 2992 K/Pdt/2015: Legal Issues in Capital Goods Sale and Purchase Agreements reviewed from International Civil Law

Legal Agreement on Supreme Court Decision Number 2992 K/Pdt/2015: Legal Issues in Capital Goods Sale and Purchase Agreements reviewed from International Civil Law

Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.

Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN.

Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court Number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 2). Reviewing legal considerations by judges in Supreme Court decision number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 3). Reviewing the legal settlement of disputes over the procurement of goods and services that are not in accordance with the agreement on the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342 / Pdt / 2021 / PT MDN. This type of research is normative legal research the data source of this research is secondary data, which includes: primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection using the study of literature and documents. Analysis of research data using normative analysis of research results obtained a conclusion that: 1). Form of tort and tort in the Procurement Agreement of goods and services with number: PJJ.04.04.01/05/07/2019/0104 about the procurement and installation of AC (Air Conditioner) at Garbarata Kualanamu Deli Serdang International Airport in the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342/Pdt/2021/PT MDN is the plaintiff/comparator/applicant for Cassation I / respondent to Cassation II (CV. Marendal Mas) is considered to have done what was promised, but it is too late and the defendant/compared/applicant Cassation II / respondent Cassation I (PT. Angkasa Pura II Kualanamu Airport Branch) did not immediately make payment for the work that the plaintiff/comparator plaintiff/comparator/Cassation applicant I/Cassation respondent did, as a result CV. Marendal Mas felt aggrieved because he could not pay the working capital of the bank and declared bad loans and collateral threatened with auction.

Study of Supreme Court Decision Number 2580 K/Pdt/2016 on Divorce from Mixed Marriage between Indonesian and French Citizen

This research examines the legal aspects related to divorce in mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA). In the context of marriage, which is a fundamental event in human life, the issue of mixed marriage is becoming increasingly relevant as interactions between countries increase. This research focuses on analyzing the Supreme Court's decision in Decision Number 2580 K/Pdt/2016, which dealt with a divorce between an Indonesian citizen and a foreigner from France. Using normative legal methods, this research explores the legal norms governing divorce in mixed marriages and assesses the consistency of the applicable law in Indonesia. The findings show that there are legal complexities at hand, especially regarding jurisdiction and children's rights, where the Supreme Court's decision has the potential to influence the handling of similar cases in the future. This research is expected to provide insight into the challenges of the Indonesian judicial system in dealing with international divorces as well as the legal implications resulting from the decision.

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

The Wetu Telu Community’s Customary Chief Influence on the Management of Indigenous Forests in Bayan, North Lombok, West Nusa Tenggara

The existence of an institution system and customary chief is very important for the sustainability of customary forest management. This study attempts to explain the function of the traditional chief of Wetu Telu community in the management of indigenous forests in the Bayan Sub-District, North Lombok Regency, West Nusa Tenggara Province, as well as the institutional framework and changes in that function. Observation, interviews, and documentation were used to collect data. The data obtained was analyzed thematically using Nvivo 12 Software, while a descriptive analysis used the Milles and Huberman Model. The results show that customary chiefs have the following roles: raise public awareness, spearhead conservation efforts, convey moral and spiritual messages, guide and oversee conservation efforts, mediate conflicts of interest related to nature, lead religious activities related to nature, and establish communication and collaboration. The institutional system of the Wetu Telu community’s customary chief consists of several components, including special requirements, an appointment mechanism, personnel, a term of office, a source of income, and a dismissal mechanism. The role of the customary chief in indigenous forest management continues to be strengthened from time to time. The reasons for strengthening the role of the customary chief are the issuance of the Constitutional Court Decision Number 35 of 2012 concerning the status of indigenous forests, the recognition of the success of local wisdom-based forest management patterns, increasing public awareness of the importance of environmental conservation, global warming, and, the development of ecotourism. Keywords: customary chief, indigenous forest management, local government, Wetu Telu community

Akibat Hukum Gugatan Kejaksaan Negeri Tanjung Jabung Barat Terkait Pencabutan Kekuasaan Orang Tua

Parents are the first and foremost institution for children to receive protection, teaching and fulfillment of their rights. However, sometimes parents cannot provide protection and can even become criminals for their own biological children, as stated in the Kuala Tungkal District Court Decision Number: 01/Pid.Sus/2022/PN KLT dated 08 February 2022, which is the basis for the West Tanjung Jabung District Prosecutor's proposal. Lawsuit for Revocation of Parental Power over Children. The problem studied in this paper boils down to what are the legal consequences of the lawsuit for the revocation of parental authority over children by the Tanjung Jabung Barat District Prosecutor's Office (Study of Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT)? The research method used is empirical juridical with interview techniques. Based on the results of research that has been carried out regarding the legal consequences of the Lawsuit for Revocation of Parental Power over Children by the West Tanjung Jabung District Prosecutor's Office as per Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT parents whose power over children has been revoked do not have any power over the child, however the termination of this power does not necessarily sever the regional relationship between parents and children so that the parents, in this case the Defendant/Birth Father, still have the obligation to support the lives of their children.

Pemberian Hak Asuh Anak Kepada Ibu Pasca Perceraian (Studi Kasus Putusan Pengadilan Negeri Sumber Nomor 32/PDT.G/2020/PN Sbr)

Custody of minor children will actually be received by the biological mother. However, in the case in the Decision of the Sumber District Court Number 32/Pdt.G/2020/PN Sbr., there is a fact that post-divorce child custody should be given to the biological father. In this case, although there is strong evidence to support the granting of custody to the father and the mother's living environment is considered unfavorable based on the available evidence. The child's welfare must still be prioritized in determining whether care is carried out by the mother or father. This is because the emotional bonds that children have greatly influence their development in life. The aim of this research is that the author wants to find out whether the factors in granting child custody to the mother in the case of the Sumber District Court Decision Number 49/Pdt.G/2019/PN Sbr can be justified according to the laws and regulations regarding marriage in Indonesia. This research uses a legislative approach using secondary data in the form of primary legal materials and secondary legal materials. The author collected data by conducting a literature study. The research data that has been obtained will be analyzed qualitatively. The result of the discussion of this research is that child custody is still given to the mother because the thing that is considered is not about events before or after the divorce that influence it, but about choosing a figure who makes them feel safe and prosperous, even in an undesirable situation.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

A Comparative Study of Open Proportional System in 2019 and 2024 Election in Indonesia: A Case Study in Klaten Regency

This study aims to compare the implementation of the open proportional system election in the 2019 Election compared to the 2024 Election including policy changes and voter trends in the open proportional system and to analyze the Constitutional Court Decision Number 114/PUU-XX/2022, which confirms the use of an open proportional system in the 2024 General Election, affecting youth participation in running as legislative members. The research method used is a juridical-sociological approach, implemented in Klaten Regency, and described descriptively. Primary data were obtained through interviews with the Klaten Regency KPU and several youth who were running as legislative members, while secondary data were obtained through a review of relevant literature, including related books and laws. The results of the study show a significant increase in youth participation as legislative candidates. Factors contributing to this increase include the Constitutional Court Decision Number 114/PUU-XX/2022 itself, the use of social media, and the environment around the youth.

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.

Proof of Coercion and Fraud in the Making of Notarial Deeds Case Study of South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell

An agreement is one of the sources of engagement regulated in Chapter II of Book 3 of the Civil Code which can be stated in the form of a Notarial Deed. Authentic deeds clearly stipulate rights and obligations, providing legal certainty. In dispute resolution, authentic deeds function as the strongest written evidence. However, even with perfect evidentiary power, a Notarial Deed cannot be separated from efforts to cancel the contract. Some of the reasons for cancellation are due to defects in the agreement due to elements of coercion and/or elements of deception as stated by the Plaintiff in South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell. Based on the research results, the Plaintiff is obliged to provide clear evidence. When compared with the Plaintiff's evidence, the evidence presented by the Plaintiff is not sufficient to prove the argument of coercion or fraud because the Plaintiff's Witnesses did not know that the Plaintiff and the Defendants had entered into a Sale and Purchase Agreement. In the process or attempt to cancel a notarial deed, the evidence must be clear and in such a way that the party who has the notarial deed does not need other evidence to state the truth of the notarial deed. With this formulation, the judge no longer needs to test its truth or in other words, an authentic deed has perfect evidentiary power both physically and materially.

Default in Payment in Land Sales That Have Been Registered at the Land Office (A Study of Court Decision Number 15/Pdt/2022/PT.Bdg.)

This research discusses default in the payment of land purchase using a home ownership credit as a basis for canceling a sale that has been registered at the land office, based on the Court Decision Number 15/Pdt/2020/PT.Bdg. In this case, the bank disbursed the credit according to the credit agreement between the buyer and the bank, which should have been paid to the seller by the buyer. However, since the money was not paid despite the transfer of rights being registered at the Land Office, the seller suffered a loss due to the buyer's default. This default can create new legal problems if not promptly resolved through the court. The research method used is doctrinal legal research, based on legal doctrines and applicable laws and regulations. The research typology used is descriptive-analytical. This method describes the applicable laws and regulations and relates them to legal theories and the practice of positive law relevant to the issue. This research focuses on whether a default can annul a land sale that has been registered with the land office and the differences between default and unlawful acts in canceling an engagement based on applicable regulations. The result of this research is that the transfer of land can be annulled by proving that a default has indeed occurred through a judge's decision in accordance with Article 1266 of the Civil Code.

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.