Legal Problems and the Ideal Concept of Civil Executions in Indonesia

Abstract

This study aims to analyze the execution or implementation of judge decisions in civil cases carried out against judges' decisions with permanent legal force. Execution can be carried out voluntarily or by force. The implementation of the judge's decision is voluntarily carried out directly by the losing party without court intervention. In practice, the losing party is not willing to carry out the judge's decision voluntarily, so it is carried out by force through the District Court, which decides the case. Barriers to execution include unclear execution objects, having moved into the hands of other parties, issuance of new certificates and losing parties fighting back. Meanwhile, the juridical obstacle is a judicial review by the losing party. The third party filed a resistance because there was a third party's right that was taken; the judge's decision was not punishing but decratoir and constitutive. To prevent obstacles in the execution of executions and winning without winning only on paper, the losing party must have good intentions to carry out the judge's decision voluntarily, the court clerk or bailiff must be careful and thorough in confiscation, the losing party does not transfer the object of the dispute to another party. For the smooth implementation of the execution, the court may request assistance from the security forces (police and military) to provide security during the execution. The party who hinders or threatens the executing officer during the execution can be subject to criminal sanctions.