Eksekusi Putusan Pengadilan Hubungan Industrial Yang Memuat Isi Akta Perdamaian Di Pengadilan Negeri Padang Kelas IA

Abstract

Settlement of Industrial Relations Disputes at the Padang IA class District Court as referred to in Decision Number 4 / Pdt.Sus-PHI / 2018 / PN Pdg, the disputing parties have reconciled and a peace letter has been made, then submitted to the Panel of Judges to be included in a Court Decision, The Panel of Judges first examined the contents of the conciliation letter to make a peace deed, then the Panel of Judges On Monday, April 2 2018 read out a decision ordering the Plaintiff and Defendant to obey the contents of the Peace Deed. However, one of the parties did not carry out it so a request for the Execution of the Decision was carried out to the Chairperson of the Padang Class IA District Court but there was no legal certainty, the Chair of the Court should have warned and ordered that party to implement the Decision within no later than 8 days as guaranteed in Article 195- 208 HIR and Articles 224-225 HIR. The method used is sociological juridical meaning that research is carried out on the real situation of the community with the aim and purpose of finding facts (Fact Finding), which leads to identification (problem identification) which ultimately leads to problem solving. The results showed that the Foundation did not carry out its obligations according to the contents of the peace deed in the decision, then the Court was also unable to execute the decision because there was no budget from the State even though the PPHI Law had confirmed that the execution fee was free. The obstacle faced is that the Court did not find goods or assets belonging to the Foundation in the contents of the Peace Deed, so that the Court was unable to seize the execution. The solution found in this research is that the Plaintiff in the drafting of the Peace Agreement should include and clearly state the assets or assets owned by the Foundation, so that it can be used as collateral for execution if the Foundation does not implement the contents of the Peace Agreement Deed. The Chief Justice through the Registrar and Bailiff should be able to exercise the authority of execution in accordance with applicable legal provisions without being burdened by the absence of a budget for execution costs. The Chief Justice must make specific guidelines for the internal Court in carrying out the execution of Court Decisions or in other words the establishment of Standard Operating Procedures (SOP) for the Execution of Court Decisions.