Legal Certainty of Final and Binding Judgments in Derden Verzet: Analysis of Case No. 135/Pdt.Bth/2023/PN.Sim

Abstract

The finality of court judgments is essential to legal certainty, yet the enforcement of a final and binding judgment may affect the rights of third parties who were not involved in the principal proceedings. Previous studies have mainly examined third-party opposition (derden verzet) as a legal remedy for protecting third-party rights and addressing enforcement disputes, while limited attention has been given to the tension between judgment finality and subsequent third-party opposition that restricts enforcement. This study aims to analyze the legal certainty of final and binding judgments from the perspective of third-party opposition, particularly in Case Number 135/Pdt.Bth/2023/PN.Sim, and to examine its implications for judgment enforcement and the principle of simple, speedy, and low-cost justice. The study employs normative legal research using statutory, case, and conceptual approaches. The analysis focuses on a series of court decisions concerning the principal dispute and subsequent third-party opposition proceedings. The findings show that third-party opposition does not invalidate the principal judgment but limits its executorial effect over property proven to belong to a bona fide third party. The study's novelty lies in proposing the concept of the relativity of legal certainty, whereby finality remains valid within the principal dispute while its enforcement may be limited to protect legally established third-party rights.