Legal Literacy - Understand the steps and legal basis for third-party resistance efforts (derden verzet) against disputed land. Learn how to protect your land rights with complete information here.

Understanding, Types, and Submission Requirements Derden Verzet

Derden Verzet is a resistance effort from a third party against the execution of a judge's decision. Derden verzet is not a legal remedy by a third party against a decision verstek, and if this is done by a third party who is not a party to the verstek decision, then this resistance should be rejected by the judge and is not a derden verzet.

According to Yahya Harahap, a third party can file a resistance in the form ofderden verzetor third-party resistance toConservatoir Beslag (precautionary seizure). As for derden verzet on precautionary seizures, the owner can submit it as long as the case being opposed does not yet have a legally binding decision. If the case being opposed has obtained a legally binding decision, the legal remedy that a third party can take against the confiscation is to file an ordinary civil lawsuit.

In addition, there are basically two types of third-party resistance, namely third-party resistance to precautionary seizures and third-party resistance to execution seizures. A third party can also resist an execution seizure filed after the decision has obtained permanent legal force and before the execution is carried out, if the execution of the object of the case has been carried out, then it is no longer possible to file a resistance but must be done by filing a lawsuit. In this case, the third party has the right to resist if it is considered that the implementation of the contents of the judge's decision ordering the execution seizure of the object belonging to the third party has harmed or violated their rights and interests.

Furthermore, the provisions regarding the regulation of third-party resistance are regulated in civil law regulations, namely Pasal 195 ayat (6) HIR (Herzien Inlandsch Reglement), Pasal 378 s/d Pasal 382 Rv ("Reglement op de Rechtsvordering"")" some of them state the following:

Pasal 195 ayat (6) HIR":"

"Objections to decisions, also from other people who state that the confiscated goods are theirs, are confronted and tried like all disputes about coercive measures ordered by the district court, in whose jurisdiction the decision is spread"

Article 378 Rv

"Third parties have the right to object to a decision that harms their rights, if they personally or their legal representatives, or the party they represent, were not summoned to the court hearing, or because the joinder of cases or intervention in the case ever became a party."