PEMBATALAN EKSEKUSI PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) YANG TELAH MEMILIKI KEKUATAN HUKUM TETAP OLEH PENGADILAN NEGERI DIHUBUNGKAN DENGAN UNDANG-UNDANG NO.8 TAHUN 1999.
ABSTRACT
REVOCATION OF THE WRITE OF EXECUTION CONSUMER SETTLEMENT
DISPUTE BODY RELATED AWARD THAT HAVE PERMANENT LEGAL
FORCE BY DISTRICT COURT TO LAW NUMBER 8/1999 ABOUT
CONSUMER PROTECTION
Putra Ingeten Ginting
110110070510
This research was based on the dispute that the Consumer
Settlement Dispute Body (BPSK) Yogyakarta with arbitration methods
that have permanent legal force, was revoke by the presiding judge of
the Yogyakarta District Court on nonexecutable decision because the
award verdict it does not contain the amount of compensation amount for
fixed. The lack of legal certainty regarding the legal action that can be
taken by the petitioner as the injured party because it can not execute
the BPSK award. The purpose of this reserach is to find out and analyze
the result of the revocation of the BPSK award is legally enforceable,
because it does not contain award verdict about the exact compensation
and legal action can be taken by the injured party related to the
revocation of the execution BPSK award that has permanent legal force.
This research is a judicial normative. The data used are
secondary data, consisting of primary law materials and secondary legal
materials. The analysis used in this research is qualitative analysis.
The result of this research is that legal consequences of the
revocation of the execution of the BPSK award is legally enforceable by
the Court through the establishment nonexecutable resulting execution is
revoked, even if the parties have agreed on a voluntary basis before a
decision regarding compensation related to the level of consumer dispute
resolution in BPSK. Legal action to do the injured party to revoke the
write of execution BPSK legally enforceable by the District Court, may file
a new action in the District Court against the determination of the dispute
object nonexecutable BPSK award is legally binding. If the claim is
granted, then the execution can be done directly through the authorities
did executor without warning stage (aanmaning) from the presiding judge
of the District Court.
v
REVOCATION OF THE WRITE OF EXECUTION CONSUMER SETTLEMENT
DISPUTE BODY RELATED AWARD THAT HAVE PERMANENT LEGAL
FORCE BY DISTRICT COURT TO LAW NUMBER 8/1999 ABOUT
CONSUMER PROTECTION
Putra Ingeten Ginting
110110070510
This research was based on the dispute that the Consumer
Settlement Dispute Body (BPSK) Yogyakarta with arbitration methods
that have permanent legal force, was revoke by the presiding judge of
the Yogyakarta District Court on nonexecutable decision because the
award verdict it does not contain the amount of compensation amount for
fixed. The lack of legal certainty regarding the legal action that can be
taken by the petitioner as the injured party because it can not execute
the BPSK award. The purpose of this reserach is to find out and analyze
the result of the revocation of the BPSK award is legally enforceable,
because it does not contain award verdict about the exact compensation
and legal action can be taken by the injured party related to the
revocation of the execution BPSK award that has permanent legal force.
This research is a judicial normative. The data used are
secondary data, consisting of primary law materials and secondary legal
materials. The analysis used in this research is qualitative analysis.
The result of this research is that legal consequences of the
revocation of the execution of the BPSK award is legally enforceable by
the Court through the establishment nonexecutable resulting execution is
revoked, even if the parties have agreed on a voluntary basis before a
decision regarding compensation related to the level of consumer dispute
resolution in BPSK. Legal action to do the injured party to revoke the
write of execution BPSK legally enforceable by the District Court, may file
a new action in the District Court against the determination of the dispute
object nonexecutable BPSK award is legally binding. If the claim is
granted, then the execution can be done directly through the authorities
did executor without warning stage (aanmaning) from the presiding judge
of the District Court.
v