Execution of Court Decisions in Civil Law: Definition, Types, and Procedures

In the judicial system, a court decision is supposed to be the final resolution of a case. However, not all decisions can be executed immediately. There are instances where the losing party refuses to comply with the obligations imposed by the court. In such situations, the execution of court decisions is a legal measure to ensure that justice is truly upheld.

This article provides a concise yet clear discussion on the execution of court decisions, covering its definition, types of execution, and the procedures for its implementation.

What is the Execution of a Court Decision?

In the Indonesian legal system, a final and binding court decision is the outcome of a judicial process. However, in practice, not all losing parties in a dispute voluntarily comply with the decision. Therefore, an execution mechanism is needed as a legal measure to ensure the decision is enforced.

Execution of a court decision refers to legal actions taken by the court to compel the losing party to comply with the order of the decision. Execution can only be carried out on condemnatory decisions, namely decisions that impose obligations on one party to take certain actions, such as paying compensation, surrendering an object, or vacating disputed property.

Legal Basis for the Execution of Court Decisions

The execution of court decisions in Indonesia is governed by several legal provisions, including:

Herzien Indonesisch Reglement “HIR” / Rechtsreglement voor de Buitengewesten “RBg” (The Prevailing Civil Procedural Law in Indonesia)
Provisions on execution procedures are primarily found in Articles 195–208 HIR / Articles 206–240 RBg, which remain applicable and serve as the legal basis for civil judgment enforcement. Under the civil procedure law prevailing in Indonesia, the authority to execute court decisions lies with the court of first instance, acting as the executor of the decision. Execution can only be carried out on decisions that have acquired permanent legal force (inkracht van gewijsde).The provisions on execution procedures include:
- Article 195 HIR / Article 206 RBg, which establishes the authority of the court to execute decisions.
- Article 196 HIR / Article 208 RBg, which specifically regulates the execution of decisions ordering the losing party to pay a sum of money.
- Articles 197–208 HIR / Articles 209–240 RBg, which regulates various execution actions such as formal summons (aanmaning), seizure of property (beslag), public auction or forced sale of assets, and procedures involving court bailiffs.Meanwhile, Articles 209–223 HIR have been declared no longer applicable.Additional provisions include:
- Article 224 HIR / Article 258 RBg, which regulates the execution of grosse deed of acknowledgment of debt and mortgage seizures, which have executorial force.
- Article 225 HIR / Article 259 RBg, which regulates the substitution of compulsory execution with monetary compensation when a court decision cannot be physically enforced.
Article 180 Paragraph (1) HIR
This article allows for the execution of decisions that have not yet acquired permanent legal force. In such cases, the plaintiff may request the court to execute the decision immediately, even if the defendant has filed an appeal or cassation.
Law Number 48 of 2009 on Judicial Power (“Law 48/2009”)
This law emphasizes that every court decision that has acquired permanent legal force must be executed to ensure legal certainty.

However, not all court decisions can be executed immediately. In civil law, court decisions are categorized based on when they can be executed:

Decisions That Can Be Executed Immediately
- These decisions can be enforced even if legal remedies such as appeal or cassation are still being pursued.
- Typically applicable in urgent cases, such as lawsuits involving payment obligations, or cases requiring immediate resolution.
- To be immediately executable, the decision must explicitly state that it “may be executed first”.
Decisions That Must Await Permanent Legal Force (Inkracht van Gewijsde)
- These decisions can only be executed once no further legal remedies are pursued within the prescribed time limits, or if no legal remedies remain available.
- Typically applicable in civil cases involving high-value assets, ownership rights, or cases requiring absolute legal certainty before execution.
- Before execution, the court must ensure that the decision is final and binding, and has permanent legal force (inkracht van gewijsde), and that no legal remedies remain, which could hinder its enforcement.

Types of Execution of Court Decisions

In civil law, court decisions can be executed through various means, depending on the nature and content of the ruling. Generally, there are three main types of execution in civil cases:

Compulsory Execution or Eksekusi Riil
This execution applies when a court decision requires the obligated party to perform an act as stipulated in the decision. In this type of execution, the court ensures that the losing party complies with the order.Example: In a land dispute case, the court orders the defendant to hand over the land to the plaintiff. If the defendant refuses, the court may execute the decision by deploying a bailiff and relevant authorities to enforce the transfer of land ownership.
Execution of Payment of an Amount of Money
This execution applies when a court decision requires the losing party to pay a specific amount of money to the winning party. If the obligated party refuses to pay voluntarily, the court may impose asset seizure as a form of forced payment.Example:
In a debt dispute, a creditor wins a lawsuit against a debtor who fails to fulfill its obligation. If the debtor does not repay the debt after the decision becomes final and binding, the court may auction off the debtor’s assets to cover the outstanding amount.
Execution Through Dwangsom
This execution applies when the losing party refuses to comply with the decision, prompting the court to impose a forced fine known as dwangsom, a daily or periodic financial penalty. The purpose of this fine is to encourage voluntary compliance with the decision.Example:
In a business contract dispute between two companies, the court orders one party to submit ownership documents within a specified period. If the party fails to comply, the court may impose a daily fine for each day of delay.

Procedure for Execution of Court Decisions

Conclusion

Execution of court decisions is an important legal step to ensure that justice is truly served. By understanding the types and procedures of execution, the parties involved can be better prepared to face the legal process. Contact us at ADCO Law for further consultation and to ensure optimal legal protection for you.

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