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VOL. 8, ISSUE 6 (2022)
Legal basis for executing court decisions industrial relations based on agreements
Authors
Ary Ilham Mullah, Teuku Saiful, Teuku Ahmad Yani
Abstract
This study is intended to examine and explain the implementation of the verdict execution of the Industrial Relations Court at the Banda Aceh District Court Number: 1393 K/Pdt.Sus-PHI/2020 based on an agreement and the legal basis for executing decisions based on an agreement. The method used in this study is normative juridical with a statutory approach and a case approach. The data collection techniques were obtained from interviews, observation and documentation using primary and secondary data sources. The data obtained will be analyzed using descriptive analytical methods. The results show that the implementation of the agreement carried out by the party requesting the execution with the respondent executed was based on the agreement of the parties so that the agreement was stated in the minutes of the execution. So that the agreement set aside a decision that has permanent legal force. Where in the decision that has been incracht van gewijsde the nominal that must be paid by the executed party is IDR. 4,112,410,431.00 (four billion one hundred and twelve million four hundred ten thousand four hundred and thirty one rupiah), but the respondent and the petitioner for execution agrees that the amount to be paid is IDR 3,500,000,000.00 (three billion five hundred million rupiah) with three stages of payment. The implementation of the execution of the decision based on the mutual agreement of the parties is carried out as stated in the minutes of the execution of the decision of the Industrial Relations Court at the Banda Aceh District Court and the legal basis used in executing the decision based on an agreement is the implementation of the decision voluntarily based on Article 196 HIR and Article 207 RBg execution can be done voluntarily. Because of this, it is advisable for the litigants to be more open in terms of conciliation from the beginning of the case process so that they do not have to undergo an examination process in court which takes up the time of the litigants.
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Pages:209-213
How to cite this article:
Ary Ilham Mullah, Teuku Saiful, Teuku Ahmad Yani "Legal basis for executing court decisions industrial relations based on agreements". International Journal of Law, Vol 8, Issue 6, 2022, Pages 209-213
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