Ideal Execution of Civil, Cases Based on Principles of Justice to create a Simple and Low-cost Judiciary

Abstract

Execution of civil case decision at the normative and implementative levels often causes juridical, sociological, and philosophical problems. The juridical problems may arise since the norms that regulate execution are often too short, simple, and not detailed; this could also cause problems at the implementative level. On top of that, the problems may be caused by a non-executable legally-binding decision (inkracht van gewijs de zaak). The objectives of the study are to investigate the ideal implementation of execution for the winning party to be in accordance with the provisions in Article 2 para. (4) and Article 4 para. (2) of Law No. 48/2009 concerning Judicial Power. The study employs a juridical, normative, and historical approach, as well as an in-concreto law discovery method. The study involved secondary data acquired from the review of relevant legal literatures. The data were analyzed and presented qualitatively. The results reveal that the principles of simple, fast, and low-cost judiciary is actualized if, in practice, the District Court Chief does not have to wait for the High Court Chief’s approval. Therefore, the Supreme Court shall prepare personnel (who have been appointed as Civil Servants) as the instruments to carry out the execution of legally-binding decisions.