PROSES PENYELESAIAN PERKARA PERBUATAN MELAWAN HUKUM AKIBAT TINDAKAN PROVOKASI DAN INTIMIDASI MEMPOSISIKAN SEBAGAI AHLI WARIS DALAM PENGADILAN TINGGI PERKARA NOMOR 426/PDT/2023/PT SBY

In this Final Assignment the author raises the issue of CASE SETTLEMENT PROCESS UNLAWFUL ACTIONS RESULTING FROM ACTIONS PROVOCATION AND INTIMIDATION POSITIONING AS HEIRS IN THE HIGH COURT CASE NUMBER 426/PDT/2023/PT SBY. The choice of this theme was motivated by the actions of the plaintiff who still objected and claimed that he had received acts of provocation and intimidation from the defendant so that he had to go to the appeal level. The aim of raising this issue is to find out the process of resolving the implementation of the unlawful act case which was appealed under Number 426/PDT/2023/PT SBY at the Surabaya High Court. The research method used is a normative juridical research type and a socio-legal approach method. The result of this research is that the Plaintiff submitted an appeal because the Plaintiff did not accept or still objected to the Decision from the Malang District Court Number 43/Pdt.G/2023/PN Mlg which was an interim decision. The discussion is that the Surabaya High Court confirmed, maintained and strengthened the Decision of the Malang District Court Number 43/Pdt/G/2023/PN Mlg dated 16 May 2023 because it was an interim decision which granted the defendant's exception regarding the authority to judge or absolute competence. The High Court accepted the appeal, but it is clear that if the decision is an interim decision, the application will not be granted in the high court's decision. The author's suggestion is that in the process of resolving this case, the Plaintiff (his attorney) should first look at the origin of this problem. , considering that there is an inheritance problem that has not been resolved but filed a lawsuit at the Malang District Court. The issue regarding heirs should be resolved first in the Religious Court, but if you feel that the court's decision is inadequate, you can file another lawsuit in the Malang District Court.