Existence of Immediate Decisions (UITVOERBAAR BIJ VOORRAAD) and its Execution in the Civil Justice System in Indonesia

Abstract

Purpose: The purpose  of  this  article  is  to  provide  an  avenue  for  The legal basis for an immediate decision (Uitvoerbaar Bij Voorraad) in the civil justice system in Indonesia is very strong, namely in Article 180 paragraph (1) HIR/191 paragraph (1) Rbg, Article 54-Article 57 and Article 332 Rv. Then several SEMAs from 1964 to 2001.

Method: This study is  a  normative research, with a comparative legal approach, namely by implementing civil court decisions regulated in the Dutch Civil Procedure Code to open insight and sharpen the issues discussed.

Results and conclusion: There have been many district courts that handed down immediate decisions, but the implementation of the executions experienced many obstacles, although some were successfully executed. In fact, the immediate decision and its execution are highly coveted by justice seekers, namely the plaintiff because it is very useful in accelerating the taking of his property rights unlawfully controlled by the defendant, as well as preventing and stopping the actions of the defendant continuously controlling the plaintiff's property without rights.

Research implications: The immediate decision and its execution for the plaintiff are of great significance, however, in practice problems often arise, if at a later date during an appeal, cassation and judicial review examination, this decision is immediately annulled, whether the plaintiff's claim is rejected or declared unacceptable. In such circumstances everything that arises as a result of the execution of the decision must be immediately restored to normal, but the civil procedural law that exists in the HIR as well as in the Rbg and other laws has not yet regulated it. In practice, there is often chaos in the recovery of the execution of decisions and results in delays in recovery for years..

Originality/value: This research offers in order to maintain the authority of the judiciary and the rule of law, SEMA No. 3 of 2000 in conjunction with SEMA no 4 of 2001 amended and published in PERMA.