Existence of Immediate Decisions (Uitvoerbaar Bij Voorraad) and its Execution in the Civil Justice System in Indonesia

Abstract

Objective: 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. Methods: The author's study was carried out using normative research (5), with a comparative legal approach, namely by implementing civil court decisions regulated in the Dutch Civil Procedure Code 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.