Hermawandi, Hermawandi (2024) Eksekusi Putusan Perdata Perkara Harta Bersama Di Peradilan Agama (studi Kasus Di Wilayah Hukum Pengadilan Tinggi Agama Pekanbaru). Masters thesis, Universitas Islam Riau.

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Abstract

The implementation of the decision is important to guarantee the rights of individuals or legal entities that have been determined by the court through a court decision. Failure to implement a court decision has an impact on weak legal certainty and decreasing public trust in the court institution. The implementation of civil decisions, both in general courts and religious courts, can be carried out in 2 ways, namely: (a) voluntarily; and (b) involuntarily. The decision on the division of joint property is comdemnator in nature, meaning that it can be executed if it is not implemented by the parties to the case. The settlement must first determine the form and type of property to be settled, so that there are no errors in resolving joint property cases. The main problem in this study is How is the analysis of legal theory regarding the execution of Civil Decisions in Joint Property Cases at the Bengkalis Religious Court, Siak Religious Court and Pekanbaru Religious Court? And How is the mitigation of the execution of Civil Decisions in Joint Property Cases at the Bengkalis Religious Court, Siak Religious Court and Pekanbaru Religious Court. The research method uses qualitative research. Qualitative research, with the nature of this research is descriptive analysis, the approach used by the compiler is a juridical-normative approach, the analysis theory in the researcher's research uses the Theory of Legal Justice as the Grand Theory, the Theory of Legal Certainty as the Middle Theory, the Theory of Legal Awareness, the Theory of Legal Obedience and the Theory of Legal Effectiveness as the Applied Theory. The results of this study are, first there is a conformity of the main norms in upholding justice. This means that the legal principles in execution have the same normative objectives in upholding the values of legal justice, second Judges and Legal Counsel who exercise their authority according to the rules and norms will certainly form legal certainty. Third, a revision of the law or the issuance of a Supreme Court regulation must be carried out which must regulate the execution of joint property decisions to be more effective and efficient which can realize legal justice, legal certainty, legal awareness, legal obedience and legal effectiveness.

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