IMPLEMENTASI CONSERVATOIR BESLAG (SITA JAMINAN) ATAS TANAH PERKARA PEMBATALAN HIBAH DI PENGADILAN AGAMA KABUPATEN KEDIRI( STUDI PUTUSAN NOMOR: 296/PDT.G/2021/PA.KAB.KDR )

Abstract

Confiscation of bail as protection against objects of dispute within the scope of the Religious Court is a new thing in the case marked by the absence of special regulations governing the confiscation of bail within the Religious Court. One example of the implementation of bail confiscation is the confiscation of bail against the land for cancellation of the grant submitted by the plaintiff with an application for confiscation of bail on the basis of concern for the object of the dispute which is then granted by the judge through interlocutory judgment. This study aims to determine the legal considerations of the Judge and the implementation of the Conservatoir Beslag (confiscation of bail) on the land grant cancellation case in Decision Number 296/Pdt.G/2021/Pa.Kab.kdr. This research is an empirical legal research using the approach method, namely the statutory approach (statue aproach) and the case approach (case approach). The results showed that the judge's considerations in granting the bail application were 1) based on the reasons for filing the bail 2) the judge's non-juridical considerations 3) in accordance with the Law and Regulations. As well as the implementation of bail confiscation guidelines for the implementation of bail confiscation in Supreme Court Circular (SEMA) No.5 of 1975, namely after the panel of judges examined the case by imposing an interlocutory judgment, which then ordered the bailiff of the class 1A Religious Court as the executor in the confiscation of the disputed goods.