Legal Certainty and Procedural Justice: Execution in Girik Land because Due Diligence Negligence

This study examines PT. Intan Plaza Adika's failures in conducting due diligence during girik land transactions and their consequences for legal certainty, while assessing whether the enforcement of the court's judgment satisfied the principles of procedural justice. A normative legal methodology was employed, integrating statutory, case law, and conceptual approaches. The findings reveal four distinct due diligence failures: non-compliance with the customary "terang" (open and transparent) requirement, inadequate verification of the seller's legal capacity as an heir, failure to uncover prior encumbrances on the girik land by third parties, and the absence of consent from all rightful heirs. These failures rendered the Sale and Purchase Binding Agreement void ab initio, as it rested upon a legally defective title, reducing PT. IPA's legal certainty to a mere illusion. Regarding judgment enforcement, Indonesian civil procedural law provides the derden verzet mechanism and upholds the audi et alteram partem principle; however, their effectiveness hinges upon adequate prior notification to affected parties. This study recommends strengthening tiered ownership verification by notaries and land deed officials, alongside civil procedural law reform establishing clear standards for enforcement notification and criteria for postponing judgment enforcement upon prima facie evidence of legitimate legal interests, thereby restoring public trust in the judiciary and advancing SDG 16