SUMMARY REGARDING FORECLOSURE

Definition of foreclosure or beslag is the act of placing the defendant’s assets in the form of
disputed goods, or goods that will be used as payment forcibly into custody during the examination
process which is carried out officially by order of a judge or court. , until there is a court decision that
has permanent legal force.
In civil procedural law in Indonesia, there are several types of foreclosure, including:

Seizure of Guarantee (Conservatoir Beslag)

- Based on Article 227 HIR and Article 261 RBg

Security foreclosure is a foreclosure that placed on objects belonging to the defendant, both
movable and immovable objects, which are used as collateral for debt repayment or fulfillment of
achievements. The requirement for a security foreclosure is that there is a reasonable suspicion
that the defendant has the intention of embezzling or escaping his goods. RBg, the foreclosure of
collateral can be carried out by order of the Head of the District Court based on the request of the
plaintiff.
- The Head of the District Court can then give an order to place the foreclosure of the goods in
question to protect the rights of the parties in the event of a reasonable suspicion against the
defendant before a decision has permanent legal force.
Accounts payable that are not secured by certain collateral. Security foreclosures can be placed on all
of the defendant’s assets including movable and immovable goods;

1. The object of foreclosure of collateral in a compensation case can be placed on all the assets of the
defendant. This claim for compensation arises from the default as referred to in Article 1243 –
Article 1247 of the Civil Code or acts against the law in the form of material and immaterial
compensation as referred to in Article 1365 of the Civil Code;
2. Disputes on ownership rights over immovable objects which are only limited to the object being
disputed/disputed;
3. Can be placed on items that have been previously pledged.

Revindication Foreclosure (Revindicatoir Beslag)

- Based on Article 226 HIR and Article 714 Rv,

A revindication foreclosure is a foreclosure that is requested by the owner of a movable object
against the object which is in the control of the defendant or another party An application for
foreclosure of revindication shall be submitted to the district court in the place where the person
who controls the object is domiciled.
- In order to apply for this, the goods requested to be placed under foreclosure must be in the
possession of no rights. In addition, the application letter must explain in detail the identity of the
goods, such as type, size, quantity, and so on.

Confiscate Execution (Executoir Beslag)

- Based on Article 208 RBg,

Foreclosure of execution is carried out on goods that cannot be executed directly and are listed in a
decision that has permanent legal force. Usually, execution foreclosures only involve guarantees
for repayment of debts or fulfillment of achievements.
- If previously a foreclosure of an object has been placed, then the stage of foreclosure of execution
is automatically excluded and abolished according to law, because the foreclosure of collateral
automatically turns into the foreclosure of execution when the case in question has been decided.
The provisions regarding this The applicant may submit a request for foreclosure of execution to
the Court after the final decision is not executed by the defendant voluntarily.
CONCLUSION
- Forclosure execution can be implemented after the Court Decision has permanent legal force and no
further legal efforts were made in either the High Court or the Supreme Court.
- In general, the total time spent in legal proceedings from the District Court, High Court, to the Supreme
Court is about 2 years
- The Applicant may submit a request for foreclosure of execution to the Court after the final decision
is not executed by the defendant voluntarily.

FORECLOSURE EXECUTION PROCEDURAL

Based on the Decree of the Director General of the General Judiciary Agency Number
40/DJU/SK/HM.02.3/1/2019 concerning Guidelines for Execution at District Courts
No. Mechanism for Requesting and Carrying out Real Execution TIME
ESTIMATION
1. The Applicant submits an Execution Application
2. The Registrar conducts the Review and prepares a Resume of the Execution
-
Review to the Petitioner
3. The Court shall inform the Applicant the results of the Execution Review
4. For an Execution Request that can be executed, the Court issues a (Case Fee
3 (Three)
Payment Letter) SKUM
Working Days
5. The applicant makes a down-payment of the case fee.
6. The Chief Justice issued an Aanmaning Decree and ordered the Registrar 7 (Seven)
summon the respondent Working Days
7. Implementation of Aanmaning:
- The implementation of Aanmaning led by the Chief Justice is carried out in an
30 days after the
incidental trial examination.
Application for
- By order of the Chief Justice, in the event that the respondent is absent
Execution.
without reason, the execution process may proceed immediately without
incidental hearings unless it is deemed necessary to be summoned once again
8. The Chief Justice warned the executioner to carry out the contents of the 5 (five)
decision voluntarily no later than days
9. Implementation of the Decision:
- In implementing the Decision voluntarily, the applicant must report to 8 (eight)
the Court to make a official report for the Implementation of the day from the
Decision and official report for Handover. Aanmaning
- In the event that the decision cannot be enforced voluntarily, the head
8 (eight)
of the court can issue an Execution Confiscation Determination if the
days since
object of the confiscation of execution has not been carried out with a
Aanmaning
Collateral Confiscation.
10. The Chief Justice sets the date for the evacuation after coordination with the
-
security forces.
11. The execution is carried out by taking into account the values of humanity and
justice, after it is completed, it is immediately handed over to the applicant for -
the execution or his attorney on the same day.

Based on the Circular of the Director General of the General Judiciary Agency Number
846/DJU/HM.02.3/8/2021 regarding Execution Implementation in Court District
- For a request for execution that have been aanmaning for one year, District court must write to the
applicant to ask whether the execution has been carried out or not.
- If after 30 working days there is no explanation from the applicant Execution requests will be closed and
archived.
- The Chief of the High Court as the voorpost of the Supreme Court will monitors and oversees the
execution of all District Courts once a year and reports to the Supreme Court regarding requests for
execution that the District Court cannot carry out even though it has received directions from the High
Court