Legal Literacy - This article discusses whether Rieele Executie can be changed to Verhaal Executie? Let's look at the explanation below!

Judges have authority in the judicial process, such as receiving, examining, and adjudicating case files that ultimately resolve. In this case, the judge is passive in rendering a decision on a case in court. Before the case is imposed in the form of sanctions, the judge must pay attention to and seek out several possibilities that can be obtained, so that there is no decision that will be imposed thereafter that could lead to new legal problems; the decision should be completely resolved.

A court decision is declared meaningless as a decision if it is not implemented (executed). A judge's decision has executorial power, that is, what has been decided in the trial process must be carried out and contains coercive measures in it that can be carried out by state apparatus.

As for what gives executorial power to the judge's decision, which at the head of the decision reads "For Justice Based on the One and Only God", as affirmed in Article 2 Law Number 48 of 2009.

Condemnatory condemnatoir

A court decision cannot necessarily be implemented in this case with the actual intention, namely forcibly by the court. A judge's decision that can be implemented is called acondemnatoir.

A judge's decision containing a statement about a determination and a decision that ensures a legal situation does not require means of coercion to be implemented. Thus, the occurrence of legal consequences does not depend on the intention or will of the defeated party.
According to Sudikno Mertokusumo, the execution of the implementation of a decision is divided into 3 (three) types, as follows:

  1. “A decision that punishes someone who lost in court to pay compensation of a sum of money. The required achievement is to pay a sum of money. This execution is regulated in articles 196 HIR and 208 RBg.
  2. A decision that punishes people to perform a certain act. This is in accordance with what is regulated in articles 225 HIR and 259 RBg.
  3. Real execution, namely the implementation of a court decision that is charged to the party who lost in the trial process in court by the judge's decision directly”.