Analisis Yuridis Putusan Serta Merta (Uitvoerbar Bij Voorad) Terhadap Sengketa Pengoperasian Lapangan Penumpukan Batu Bara (Studi Putusan No.127/Pdt.6/2021/Pn.Pdg)

In Indonesian civil procedural law, court decisions are generally enforceable only after obtaining permanent legal force (inkracht van gewijsde). However, an exception exists through uitvoerbaar bij voorraad or provisional enforcement, allowing immediate execution despite ongoing legal remedies. This study analyzes the legal implications of the granted provisional enforcement in Decision Number: 127/Pdt.G/2021/PN Pdg, concerning a dispute over the use and operation of a coal stockpiling yard between PT. Pelabuhan Indonesia II (Persero), Teluk Bayur Branch (Plaintiff), and PUSKOP POLDA West Sumatra (Defendant). This normative legal research employs statutory, case, historical, comparative, and conceptual approaches. The findings reveal that the panel of judges granted provisional enforcement based on valid legal evidence, the expiration of the lease agreement, and the potential loss to the state due to the unlawful continued occupation of state assets. The court referred to Supreme Court Circular Letter (SEMA) No. 3 of 2000 to ensure legal certainty and state asset protection. The legal implication of this decision is that PT. Pelindo II may regain control over the disputed land area of approximately 10,000 m² without waiting for a final and binding judgment. Furthermore, this ruling may serve as jurisprudence in resolving similar disputes in the future. The study recommends that provisional enforcement must comply with administrative requirements, including the provision of guarantees and a statement of willingness to re-execute in case of reversal by a higher court.