Tinjauan Hukum Perlawanan Pihak Ketiga (Derden Verzet) Terhadap Eksekusi Putusan Perkara Perdata (Studi Kasus Putusan Pengadilan Negeri Malang Nomor : 266/Pdt.Plw/2014/PN Mlg)
This study aims to determine the Legal Review of Third Party Resistance (Derden Verzet) Against the Execution of Civil Case Decisions (Case Study of Malang District Court Decision Number: 266 / Pdt.Plw / 2014 / PN Mlg). As well as to find out the Implementation of third party resistance lawsuits against the execution of court decisions and to find out the Judge's Considerations in the PN Decision Number: 266 / Pdt.Plw / 2014 / PN Mlg in conjunction with the PT Decision Number: 09 / PDT / 2016 / PT SBY which decided the derden verzet case against execution. This case involves a third party who claims legal ownership of the land and building (Certificate of Ownership Number 1734) based on the Deed of Sale and Purchase Agreement and the opponent has not made payment. However, the Malang District Court Decision Number 266/Pdt.Plw/2014/PN Mlg in this case was later annulled by the Panel of Judges at the Surabaya High Court through Decision Number 09/PDT/2016/PT SBY. All data obtained in the research, both primary and secondary data will be analyzed using qualitative analysis techniques. In addition, it is described, by examining the existing problems, describing, outlining and explaining the problems related to this research. This research uses a normative legal research method. Based on the research results, the author concludes that the resistance of the third party should not be accepted because the third party is not the legal owner of the certificate, the agreement is only binding and has not been transferred. If the object of the sale and purchase is land, it must comply with regulations relating to land rights, and in accordance with Article 37 paragraph (1) of Government Regulation No. 24 of 1997 concerning Land Registration. This shows a lack of caution on the part of the judge in considering the main arguments of the third party's resistance in the District Court.