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Enforcement of Court Decision Regarding Payment of a Sum of Money in Civil Disputes to Support the Ease of Doing Business in Indonesia

Part Name
Articles
Title
Enforcement of Court Decision Regarding Payment of a Sum of Money in Civil Disputes to Support the Ease of Doing Business in Indonesia
Author(s)
Ismail Rumadan
Publication Year
30-Nov-2020
Citation
Vol. 10 Issue. 2 Page. 389-414, 2020
Publisher
한국법제연구원
Keyword
Enforcement of Court Decision; Civil Dispute; Payment of a Sum of Money.
URI
http://www.klri.re.kr:9090/handle/2017.oak/9799
Abstract
The judiciary plays a very important role in encouraging the progress of
the ease of doing business in Indonesia because the judiciary is also affected
by economic globalization. The Indonesian Supreme Court has issued several
policies related to justice reform to provide the best services for justice seekers,
especially in the case of a quick, simple, and inexpensive case resolution process
to support the ease of doing business. However, the policy has not reached the
final stage of enforcement of the decision, especially in civil disputes, related to
payment of a sum of money. There is still a legal vacuum to trace the Respon dent’s assets, making it difficult for the Petitioner to obtain his rights after a court
ruling ordered payment of a sum of money. Therefore, the Supreme Court needs
to strictly regulate the authority and responsibility of tracing the Respondent’s
assets to facilitate the enforcement of decision for the fulfillment of the Petition er’s rights.
Table Of Contents
Ⅰ. Background Issues Ⅱ. Definition and Scope of the Study Ⅲ. Problems in Enforcing Civil Court Decisions in General A. Enforcement of Decision cannot be realized B.Delegation (Request for Assistance) of Court Decision Enforcement C.Third Party Opposition to execution of objects located outside the jurisdiction of the court D. Execution objects are under the third party’s control E. Two conflicting court decisions F. Objection from the Third Party Ⅳ. Execution of Payment of Amount of Money for the Ease of Doing Business Ⅴ. Execution of Payment of Amount of Money in Other Countries Ⅵ. Improving the Enforcement of Court Decision related to Payment of a Sum of Money Ⅶ. Conclusion
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