The Problematics of Execution Law Against Non-Executable Judgments

Abstract

In public courts, particularly to civil cases, the litigation is under the procedures of civil law. It is a legal regulation that organizes ways to maintain and preserve material civil laws. The procedural law is also identified as a way to file a particular civil case to a civil court and organize ways the judges take in making judgment for a civil case toward a legal subject. The procedures of civil law aim to prevent any vigilante actions, and thus, it may create a public legal order. Judiciaries provide a legal protection for legal subjects in preserving their rights and prevent any vigilante and arbitrary actions. After having the process of case investigation as set under the procedural law, a court judgment is made which aims to judge and solve the case. Legal actions are subsequently conducted until a fixed legal judgment (inkracht van gewijsde) is made. Some executions of judgment for civil cases in Indonesia is not allowed to conduct–suspended- due to any resistance; the executed object is different from the reality or it is considered non-executable. The suspended or non-executable judgment should be immediately addressed on its implementation, instead of its law.   

Keywords: Civil Case, Judgment, Non-Executable


Article Review Status: Published

Pages: 37-49 (Download PDF)

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