Supervision of Fair Execution for Civil Case Decision

Muhammad Ilyas, Abdul Razak, Sukarno Aburaera, H. Mustafa Bola


Civil law as a system aims to resolve the conflict of interests that occurs between the parties in the communities. For that reason, execution as a subsystem constitutes the whole provision of the execution of regularly organized court decisions, in order to achieving justice, humanity and legal certainty. The type of research is normative and empirical research. Results of the research shows that the implementation of real execution as exercised by the district court for civil case decision has not reflected the value of justice, humanity and legal certainty. Given a case of land clearance is a complicated case to be resolved, and through the regulation of the Supreme Court needs to be regulated on the carefulness principles in the execution. The continual of real execution due to the resistance of one party through judicial review legal remedies. Therefore, the chief of justice should consider the basic reasons for the judicial review that must comply with one of the reasons prescribed by the law and the reasons for the proposed judicial review are supported by clear, complete facts or evidence. It makes it easy to judge whether proper or not to postpone execution for reasons of judicial review.

Keywords: Court, Execution, Supervision, Civil Case Decision

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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