Legal Literacy - This article discusses whether Rieele Executie Can Be Changed To Verhaal Executie? Let's look at the explanation below!
Judges have the authority in the judicial process, such as receiving, examining, and adjudicating case files that are ultimately resolved. In this case, the judge is passive in rendering a decision on a case in court. Before the case is handed down 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 handed down after that which may give rise 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 a judge's decision which at the head of the decision reads “For Justice Based on the One Supreme God”, as this is affirmed in Article 2 Law Number 48 of 2009.
Verdict condemnatoir
A court decision does not automatically become enforceable in this case with its true meaning, namely forcibly by the court. A judge's decision that can be executed is called a condemnatoir.
A judge's decision containing a statement about a determination and a decision that confirms 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 losing party.
According to Sudikno Mertokusumo, the execution of a decision is divided into 3 (three) types, as follows:
- “A decision that punishes someone who lost in the trial to pay compensation of a sum of money. The required performance is to pay a sum of money. This execution is regulated in article 196 HIR and 208 RBg.
- A decision that punishes a person to perform a certain act. This is in accordance with what is regulated in article 225 HIR and 259 RBg.
- 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”.
Types of Decisions Condemnatoir
In principle, a decision that can be executed is a condemnatoir, namely a decision whose contents contain an element of punishment. As for the types of condemnatoir namely:
- Punishing or ordering the surrender of an item;
- To sentence or order the eviction of a plot of land or house;
- To sentence or order the performance of a specific action;
- To sentence or order the cessation of an action or situation;
- To sentence or order the payment of a sum of money;
Obstacles and Facilitation in Implementation rieele executie
According to M. Yahya Harahap, it is very difficult to carry out rieele executie which takes the form of sentencing to perform a specific act. To overcome obstacles in the implementation of carrying out a decision of a specific act physically.
The Law provides convenience in its implementation as stipulated in accordance with Article 225 HIR jo. Article 259 RBg, the provision stipulates that if a person who is subject to an executed sentence (defeated) does not carry it out within the time decided by the judge, the party who won based on the decision may apply to the Head of the District Court through the chairman, either by letter or orally, so that the interests to be obtained, if the decision is fulfilled, are assessed in cash, the amount of which must be notified with certainty; if the request is carried out orally, it must be recorded.
The interest of sentencing to perform a specific act can be replaced with a sum of money, the winning party can submit a request to the head of the District Court, so that the decision is assessed with a sum of money if the losing party still refuses to carry out the act that was sentenced to him. If the head of the District Court grants the request to change the form of execution from carrying out an act with a sum of money, then the nature of the execution changes from rieele executie to verhaal executie.
Conclusion
Execution to do something that is rieele executie can very well become verhaal executie as long as the request is granted by the Head of the District Court. With the transition of rieele executie to verhaal executie the execution deadlock can be overcome with the execution procedures that apply to the execution of payment of a sum of money regulated in Article 197 HIR jo. Article 208 RBG.
Reading list
- Herzien Inlandsch Reglement.
- Rechtreglement Voor De Buitengewesten.
- Law Number 48 of 2009 concerning Judicial Power (State Gazette of the Republic of Indonesia of 2009 Number 157, Supplement to the State Gazette of the Republic of Indonesia Number 5076).
- The Code of Civil Procedure (Staadblad of 1847 Number 23).
- Harahap, M. Yahya, 2014, Scope of Civil Execution Problems, 7th Printing, Sinar Grafika, Jakarta.
- Mertokusumo, Sudikno, 2006, Indonesian Civil Procedure Law, 1st Printing, 7th Edition, Liberty, Yogyakarta.
- Made Yoga Pramana Sughita, I Nyoman Suyatna, “Review of Court Decision Execution That Sentences People to Carry Out an Act”, E-Journal Ilmu Hukum Kertha Wicara, Vol 9 No 1 (2019)
- Rambe, Ropaun, 2016, Complete Civil Procedure Law, 8th Printing, Sinar Grafika, Jakarta.
- Sugeng, Bambang, and Sujayadi, 2015, Introduction Civil Procedure Law and Example of Litigation Documents, 3rd Printing, Prenadamedia Group, Jakarta.
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