PELAKSANAAN SITA JAMINAN (REVINDICATOIR BESLAG) YANG BERADA DI TANGAN PIHAK LAIN ( ANALISIS PUTUSAN NOMOR 3080 K/PDT 2022

Abstract

Research on the possibility of securing a security seizure as a guarantee for the implementation of final and binding civil court decisions is interesting for further study. This is to determine whether a security seizure can guarantee the implementation of final and binding civil court decisions. Furthermore, it also aims to identify the obstacles encountered in practice regarding the implementation of security seizures. The method used in this research uses a normative juridical approach. The data sources are both primary and secondary data. The data analysis uses qualitative descriptive analysis. The results of this research conclude that requests for security
seizures arise from a reasonable suspicion by the plaintiff that a debtor, before the judgment is rendered or before the judgment against him can be executed, is attempting to remove or confiscate his movable or immovable property with the intention of keeping it away from the debt collector or plaintiff. Based on this definition, the decision regarding the security seizure dispute. The implementation of the security seizure (revindicatoir beslag) is in the hands of another party. (Analysis of decision number 3080 K/Pdt/2022) declares and establishes the Plaintiffs as the heirs of the late H. Anang Subli as the legal and sole owners or the parties with the greatest right to the disputed land based on the Land Certificate in the name of the owner, H. Anang Subli, made and signed by H. Abdul Muhith, Head of the Development Village, East Banjar District, on February 3, 1974, located on Jalan Dharma Bakti V, Sungai Lumbah, Pemurus Luar Village, East Banjarmasin District, Banjarmasin City, South Kalimantan Province.