Analysis of Third Party Resistance in Civil Cases

In the Third Party Resistance Lawsuit case (Derden Verzet) based on Decision Number 1170 K/Pdt/2019, the Panel of Judges granted the third party's resistance (derden verzet) as the plaintiff in the case a quo which was carried out against the Civil Case Decision Number 98/Pdt/2016/PT.Yyk. Jo. Number 62/Pdt.G/2015/PN.Btl. The Third Parties are legal heirs according to law as owners of the land which is the object of the dispute which is in the process of execution application in case Number 98/Pdt/2016/PT.Yyk. Jo. Number 62/Pdt.G/2015/PN.Btl, where the third parties did not know that their land was the object of the dispute and were not involved as parties in the case. So this causes losses for them and becomes the basis or legal standing to file a third party resistance lawsuit.

In the process, the third party in the case a quo as the plaintiff can prove based on the evidence presented in court regarding the ownership of the disputed inheritance land, so that the ownership of the inheritance land claimed by the opposing party which is the object of the dispute in the Civil Case Decision Number 98/Pdt/2016/PT.Yyk. Jo. Number 62/Pdt.G/2015/PN.Btl based on the Panel of Judges' consideration is legally flawed and has no binding legal force.

The Panel of Judges in its decision decided that the third party's heir certificate in the Third Party Resistance Lawsuit (derden verzet) is legal and binding according to law. Other documents related to the third party's heir status as the plaintiff are also considered legal and binding, so that the third party's legal standing as the injured party is accepted. The Panel of Judges also stipulated that the land which is the object of the case is the plaintiff's inheritance. The land certificate of ownership in the name of the defendant was declared legally flawed, and part of the land which is the object of the dispute in the Civil Case Decision Number 98/Pdt/2016/PT.Yyk. Jo. Number 62/Pdt.G/2015/PN.Btl is the property of the plaintiff which must be protected from execution confiscation.