Implementation of Court Decisions, Types of Decisions and How to Implement them
Implementation of Court Decisions, Types of Decisions and How to Implement them - The existence of Religious Courts in Indonesia has existed since the Dutch colonial era. Even before that, it accompanied the journey of Islamic da'wah in the archipelago, because the judiciary, both in theory and practice of the life of Muslims, was something that could not be separated.
Based on the provisions of Law no. 7/1989 concerning the Religious Courts, the Religious Courts have the duty and authority to provide legal and justice services in the field of family law and marital property for those who are Muslim, based on Islam.
Strengthening the position of the Religious Courts in a juridical manner places the Religious Courts on equal footing with other courts (general courts, military courts, and state administrative courts).
The emergence of this Law caused the ranks of the Religious Courts to catch up with the others, especially in the practice/implementation of procedural law. In this paper, we will discuss a little about the Implementation of Decisions in Religious Courts.
B. Problem Formulation
1. Howthe process of implementing decisions in the Religious Courts regarding the types of implementation of decisions , decisions that can be executed, procedures for confiscation of execution, judge's decisions in certain cases?
C. Objectives
1. To know the process of implementing decisions in the Religious Courts regarding the types of implementation of decisions , decisions that can be executed, procedures for confiscation of execution, judge's decisions in certain cases.
Implementation of Religious Court DecisionsImplementation of a decision or execution is a matter of carrying out a Court decision that has permanent legal force. According to Sudikno Mertokusumo, execution is essentially nothing but the realization of the obligations of the parties concerned to fulfill the decisions stated in the decisions.[1]
The ultimate goal of justice seekers is that all their rights that have been harmed by other parties can be restored through a judge's decision. This can be achieved if the judge's decision can be implemented.
The Judge's Decision can be implemented:
Voluntarily
Forcibly by using state tools, if the convicted party does not want to carry it out voluntarily.
Since the issuance of Law No. 7/1989, the Religious Courts have been able to carry out all decisions handed down by themselves without having to go through the assistance of the District Court. With the enactment of the Religious Court Law, then:
Provisions regarding the executor of the declaration and inauguration by the District Court were abolished.
At each Religious Court held bailiffs to be able to carry out its decisions.
Types of Implementation of Decisions[2]There are several types of implementation of the decision , namely:
1. A decision that penalizes one of the parties to pay a certain amount of money. This is regulated in article 196 HIR, article 208 R.Bg.
Decisions that punish one of the parties to commit an act. This is regulated in article 225 HIR, article 259 R.Bg.
Decisions that convict one of the parties to vacate a fixed object are called real executions. This is regulated in article 1033 Rv.
Real execution in the form of auction sales. This is regulated in article 200 paragraph 1 HIR, article 218 paragraph 2 R.Bg.
Executable Decision [3]Decisions that can be executed are those that meet the conditions for execution, namely:
1. The decision has permanent legal force, except in cases where:
Implementation of the decision immediately, the decision that can be executed first.
Implementation of provisional decisions
Execution of the peace deed
Implementation (execution) Grose deed.
2. The verdict was not carried out voluntarily by the convicted party even though he had been given a warning by the Head of the Religious Court.
3. The judge's decision is condemnatoir.
Decisions that are declaratory or constitutive do not require execution.
4. The execution was carried out on orders and under the leadership of the Head of the Religious Court.
Namely the Religious Court which passed the decision, or the Religious Court which was delegated authority by the Religious Court which decided it.
Only the Court of First Instance is authorized to carry out executions. The PTA is not authorized to carry out executions.
Procedure for Confiscation of Execution [4]Confiscation of execution is carried out in the following manner;
1. There is a request for confiscation of execution from the party concerned.
2. Based on a warrant from the Head of the Religious Court.
This warrant is issued if:
· The Defendant does not want to attend the warning summons without a valid reason,
· The Defendant does not want to fulfill the order in the verdict during the warning period.
3. Executed by the Registrar or Bailiff
4. Execution confiscation is assisted by two witnesses.
5. The need for two witnesses is a legal requirement for confiscation of execution.
The two witnesses functioned as assistants and at the same time as confiscation witnesses for the execution.
The names and occupations of the two witnesses must be included in the Minutes of Seizure of the Execution.
These witnesses must meet the following requirements:
Has reached the age of 21 years
Indonesian resident status
Be honest (trustworthy)
6. Confiscation of execution is carried out at the location of the object of execution
7. Making Minutes of Seizure of Execution
The minutes of confiscation of execution contain:
The names, occupations and residences of the two witnesses.
Complete details of all work performed.
The minutes are signed by the executive officer and the two witnesses.
The confiscated party and also the head of the village are not legally required to sign the Minutes of Confiscation.
The contents of the minutes of confiscation must be notified to the confiscated party, i.e. immediately at that time if he was present at the former confiscation, or if he is not present then he will be notified as soon as possible by conveying it at his place of residence.8. Juridical safeguards regarding confiscated goods are regulated as follows:
The custody and control of the confiscated items of execution remain in the confiscated hands
The confiscated party still has the right to use and enjoy it, until the auction sale is held.
Placement of seized items of execution shall remain in the place where the goods were confiscated, without reducing the possibility of moving them to another place.
The control of the guard must be mentioned in the confiscation report
Regarding goods that can be used up in use, they may not be used and enjoyed by the confiscated.
9. Seized absence does not prevent confiscation of execution
The execution confiscation can be attended, in fact it is preferable to be attended by the executed party.
An execution confiscation can be carried out without the presence of the confiscated party as long as the confiscated party has been notified and ordered to be present on the day and date of the execution confiscation but the person concerned is not present.
Judge's Decision in Certain Cases [5]
Implementation of Decision on Divorce CaseIf the Judge's decision regarding divorce has permanent legal force, the Registrar of the Religious Court no later than seven days after the decision is notified issues a Divorce Deed as proof of a divorce (article 84 paragraph 4 Law No. 7/1989).
In a contested divorce case, the divorce certificate is based on the decision of the Religious Court/Supreme Court which states that the marriage is broken up due to divorce as of the time the decision has permanent legal force (Ex article 81 paragraph 2 Law No. 7/1989).
The divorce certificate is recorded in the Divorce Certificate Register at the Registrar's Office of the relevant Religious Court.
In addition, within 30 days at the latest, the Registrar or the appointed official is obliged to send a copy of the divorce decision/stipulation that has permanent legal force to the District PPN/KUA where the husband and wife live in question as well as the former District PPN/KUA register their marriage, to hold the registration of the marriage.
Implementation of the Decision on the Determination of the Origin of the ChildIn the case of determining the origin of the child, the Registrar is obliged to send a copy of the determination that has permanent legal force to the local civil registry office to issue a birth certificate (article 55 paragraph 5 Law No. 1/1974, article 103 paragraph 3 KHI).
Implementation of Decisions on Cases of Determining Marriage and ReferralsIn determining itsbat marriage and reconciliation, the Registrar of the Religious Court is obliged to send a copy of the determination that has permanent legal force to the PPN/KUA of the local sub-district for further recording in the Marriage Registration Book or Referral. In the last column of the book it is written that this record is based on the decision of the relevant Religious Court, with the number and date of the decision.
The party concerned is given a copy of the Marriage Registration Book (marriage certificate) as proof of marriage, and proof of referral registration as valid evidence.
Similarly, in cases of annulment of marriage, the Registrar of the PA is obliged to send a copy of the decision to the PPN/KUA of the relevant sub-district for recording (article 38 PP No. 9/1975).
Implementation of Decisions on Divorce Itsbat DeterminationIn cases of Divorce Itsbat, the Registrar is also required to issue a Divorce Deed as proof of divorce and send a copy of the divorce Itsbat to the District PPN/KUA and the District PPN/KUA where their marriage was previously registered.
Implementation of Waqf Land Dispute Case DecisionsIn the case of waqf land disputes, the Registrar is required to send a copy of the decision that has permanent legal force to the sub-district PPAIW/KUA that covers the waqf land to be recorded in the waqf book and to issue a Substitute Deed of Waqf Pledge, in order to complete the Waqf Land Certificate.
Implementation of Decision on Divorce Cases for ABRI Members and Civil ServantsDivorce decisions for ABRI and PNS members who have permanent legal force must also be sent to the agency where the husband/wife in question is a member of ABRI and PNS.
Conclusion
Implementation of a decision or execution is a matter of carrying out a Court decision that has permanent legal force. According to Sudikno Mertokusumo, execution is essentially nothing but the realization of the obligations of the parties concerned to fulfill the decisions stated in the decisions.
There are several types of implementation of the decision , namely:
Decision that punishes one of the parties to pay a certain amount of money. This is regulated in article 196 HIR, article 208 R.Bg.
Decisions that punish one of the parties to commit an act. This is regulated in article 225 HIR, article 259 R.Bg.
Decisions that convict one of the parties to vacate a fixed object are called real executions. This is regulated in article 1033 Rv.
Real execution in the form of auction sales. This is regulated in article 200 paragraph 1 HIR, article 218 paragraph 2 R.Bg.
Decisions that can be executed are those that meet the conditions for execution, namely:The decision has permanent legal force
The verdict was not carried out voluntarily by the convicted party even though he had been given a warning by the Head of the Religious Court.
The judge's decision is condemnatoir.
The execution was carried out on orders and under the leadership of the Head of the Religious Court.
Confiscation of execution is carried out in the following manner;
There is a request for confiscation of execution from the party concerned.
Based on the warrant of the Chairman of the Religious Court.
Executed by the Registrar or Bailiff
The execution confiscation was assisted by two witnesses.
The need for two witnesses is a legal requirement for confiscation of execution.
Confiscation of execution is carried out at the place of the object of execution
Making Minutes of Confiscation of Execution
Juridical safeguards regarding confiscated goods are regulated as follows:
Seized absence does not prevent confiscation of execution
Judge's Decision in Certain CasesDivorce
Determination of the Origin of the Child
Determination of Itsbat Marriage and Referral
Determination of Itsbat Divorce
Waqf Land Dispute Decision
Divorce of Armed Forces Members and Civil Servants
B. Closing
Thus we compile this paper, we ask for criticism and suggestions from readers. And hopefully this paper can be useful for all of us, Amin.
REFERENCES
Arto, mukti. Practice of Civil Cases in Religious Courts. Yogyakarta: Student Libraries. 2011.
Mustofa, Registrar of Religious Courts. Jakarta: Kencana. 2005.
[1] Mustofa, Registrar of Religious Courts. Jakarta: Kencana. 2005. Pg. 109
[2] Mukti Arto. Practice of Civil Cases in Religious Courts. Yogyakarta: Student Libraries. 2011. Pg. 314
[3] Ibid. matter. 314
[4] Ibid. matter. 315
[5] Ibid. matter. 316
source: kingilmu
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