DEFINITIONS OF EXECUTION

The definition of execution according to M. Yahya Harahap, is the implementation by way of force a
court decision with the help of general force if the losing party (executed or the defendant) does not
want to carry it out voluntarily.

According to Subekti, the notion of execution means that the defeated party does not want to carry
out the decision voluntarily, so that the decision must be forced on him with the help of legal force.
It can be concluded. Whereas only decisions that have permanent legal force (in kracht van
gewijsde), namely decisions that can no longer be contested by legal means such as verzet, appeal
and cassation, can be implemented. Some of the legal basis for execution are

LEGAL BASIS OF EXECUTION

Article 225 HIR/ Article 259 R.Bg which regulates the execution of a court decision that convicts the
defendant of committing a certain act.

Article 180 HIR/ Article 191 R.Bg which regulates the implementation of decisions immediately
(uitvoerbaar bij voorraad).

Article 1198 of the Civil Code which states that a mortgage is a material right that remains attached
to the mortgage object in whose hands it is.

Auction Regulation No. 189 of 1908

EXECUTION PRINCIPLES

The decision to be executed is a decision that has permanent legal force (BHT).

Decisions that are not carried out voluntarily. Condemnator's decision.

Execution by order of the Chairperson of the Religious Court and under the leadership of the
Chairperson of the Religious Court.

Execution must be in accordance with the verdict.

EXECUTION TYPES

Execution of Payment of Amount of Money

Execution of payment of an amount of money is an action taken by force against the losing party
(defendant) in a civil case to pay an amount of money from the defendant's assets by selling the
auction of the defendant's assets.

Execution of carrying out an act

Article 225 HIR/ 259 R.Bg This is happen. If a person is punished for committing an act, he does not
commit the act within the time determined by the judge. then, the winning party can ask the
chairman of the court, either by letter, or verbally. so that the interests that will be obtained. For
example, a person is punished for committing an act such as repairing fences, drains and installing
gas pipes. This action cannot be carried out by force but can be replaced by paying money.

Real Execution, Article 1033 RV

implementation of the Judge's decision ordering to vacate the fixed object to the defeated person,
but the execution was not carried out voluntarily. Real execution means real execution, for example:
demolition, submission, emptying, emptying, doing something or not doing something and ordering
or stopping an action. In the Religious Courts, the execution that often occurs is this real execution,
usually this execution occurs in cases of divorce or inheritance.

Execution is declared non-executable (cannot be executed) if:

following :

a. The object to be executed does not exist.

b. Amar's verdict is not condemnatoir.

c. Objects under warranty.

d. Objects in the form of land do not have clear boundaries.

e. The object to be executed belongs to the state.

f. The object to be executed in two conflicting decisions.

EXECUTION DELAY

Execution can be postponed if:

a. The parties will carry out peace.

b. The object to be executed is still in dispute.

c. There is derden verzet from a third party.

d. Because it concerns humanity