Summary
concerning the execution of the verdict (under Article 195 to 224 of H.I.R. / HERZIEN
INLANDSCH REGLEMENT (Indonesian Civil Code Procedure)):
1. Execution upon a final and binding verdict under
the law (inkracht van gewijsde):
a. - did not appeal
upon first stage verdict and surpass the due date for appealing it;
b. - did not appeal
upon second stage verdict to supreme court and surpass the due date for
appealing it;
c. - the supreme court
verdict;
(a), (b), (c) may be set aside if the law suit
request the verdict shall be executed at the soonest notwithstanding the appeal
(uit voerbaar bij vooraad) and such verdict
expressly affirms it. This will only relevant in conditional basis upon the
judges order (example: upon authentic documents and firm conditions) subject to
Surat Edaran Mahkamah Agung
No. 3 Tahun 2000 and Surat Edaran Mahkamah Agung No. 4 Tahun 2001 tentang
Putusan Serta Merta dan Provisionil, because there were lie possibility that
the higher court may null the verdict (of the execution), which may cause the
case become more complex.
2. If the loser party does not want to obey the
verdict voluntarily, under some costs, apply to the court chief where the
verdict was resolved (and in coordination with other court chief in case the execution
objects residing under his domicile, and the court chief of origin suit will be
informed within 2 x 24 hours of all enforcement that were conducted), to:
- - warn the loser
party to fulfill the verdict at the latest of 8 days, if failed to do so, then:
- - upon written
court’s order, to confiscate the asset under property/belonging of the loser
party, whether moving goods (the first thing) or fixed assets (the latter thing
after the moving goods cannot fulfill it), the weakness is, there is no specific
& detailed procedure on the objects, especially for intangible goods, which
may be disputable on actual confiscation, and may refer to former
jurisprudences and Surat Edaran Mahkamah Agung (supreme court’s circular letter)
or even further court proceeding, partly to all of such asset until fulfill the
execution value.
The loser party or the related party whose
assets get confiscated restricted under the law to transfer such assets, will
be suspected for Criminal Code offense.
The confiscated assets may be auction by state
auction or by the court’s bailiff itself.
The claim filed upon the confiscated assets
will be examined through regular proceedings, and may not prevent such
execution, except the judges order the suspension of such execution while waiting
for the verdict.
3. The execution will be conducted upon court
chief’s order by court’s bailiff under 2 witnesses, in coordination with the police
(if the winning party seeks for it in case any resistance by the loser party),
and will be stated on formal written report.
In the event there is any other/further claim/suit
regarding the object of execution (example: by third party, or by someone who
claim such object his right), then such claim will be examined under the
domicile of such execution object. In the event such other claim/suit arising
out, the court chief of the domicile of claim/object will inform, within 2 x 24
hours, to the court chief who examines the origin suit.
