Legal certainty over the executed object of a final and binding judicial decision (A Research in Banda Aceh City)
Yunni Efrina Caniago, Teuku Muttaqin Mansur, Iman Jauhari
In general, a lawsuit that has been decided by the court and has permanent legal effect is regarded as concluded. This is because the court's decision has become a law that must be obeyed by the parties, and if another lawsuit is filed against the same object in the future, the judge must rule that the case contains elements of ne bis in idem. Because, in theory, cases with the same subject and object as the preceding case should not be decided twice. However, in the vicinity of Banda Aceh City, three similar cases against the defendant that had been decided and executed by the court were discovered. Therefore, the question arises as to why a legally binding and executed decision can be challenged again and what is the reason for the emergence of new lawsuits on executed objects and decisions with permanent legal effect.This study's objective is to explain the cause of the community's decision to file a new lawsuit against the object of a previously-executed lawsuit, as well as the implementation of the principle of legal certainty with respect to the executed lawsuit's subject by conducting a comprehensive investigation at the research site through direct observation and interviews, as well as a conceptual approach. It is hoped that law enforcement officers will decide each case in accordance with applicable laws and regulations, without taking sides. If the decision has legal force, the parties are obligated to comply with its implementation. Before a case involving land title certificates is registered with the court for processing, advocates and legal advisors are advised to conduct a thorough investigation. Although the judge has authority under the Ius Curiae Novit principle, this does not mean that he must know the law. Rather, he must be extremely observant and thorough when deciding a case brought before him.
Yunni Efrina Caniago, Teuku Muttaqin Mansur, Iman Jauhari. Legal certainty over the executed object of a final and binding judicial decision (A Research in Banda Aceh City). International Journal of Law, Volume 8, Issue 3, 2022, Pages 123-128