GANTI RUGI PERTANGGUNGJAWABAN PERBUATAN MELAWAN HUKUM DALAM PENARIKAN OBJEK JAMINAN FIDUSIA SECARA SEPIHAK

Abstract

ABSTRAK According to Article 1365 of the Civil Code, what is meant by an unlawful act is any act that violates the law carried out by someone and causes harm to another person. Formulation of the problem: (1) What is the mechanism for requesting compensation for unlawful acts that already have a decision that has permanent legal force? (2) What are the obstacles found in requesting compensation for unlawful acts that already have a decision that has permanent legal force? (3) What measures must be taken against parties who do not want to pay compensation as a form of liability for unlawful acts?. The type of research is sociological juridical research. Data sources are Primary Data and Secondary Data, data collection techniques using interviews and document study, analyzed qualitatively. Conclusion of research results: 1) The mechanism for requesting compensation is that the plaintiff submits a written request for execution to the Padang Class IA District Court. 2) The obstacles found in requesting compensation are that the losing party does not have the money or assets to pay the compensation. 3) Efforts made against parties who do not want to pay compensation are based on a request for execution. The Chairman of the District Court issues a letter of decision to carry out the execution ordering the Registrar or Bailiff to carry out the execution by force. The form of forced execution that is carried out is to confiscate the Defendant's property and the goods confiscated will be sold and the proceeds of the sale will be given to the Plaintiff.