logo-ahplogo-ahplogo-ahplogo-ahp
  • Home
  • Firm
    • About Us
    • Careers
  • Solutions
      • Banking & Finance
      • Capital Markets
      • Competition Law
      • Debt & Corporate Restructuring
      • Dispute Resolution
      • Energy, Oil & Gas
      • Foreign Direct Investment
      • Fraud & Forensics Investigation
      • Intellectual Property
      • Islamic Finance
      • Labor Law
      • Mergers & Acquisitions
      • Projects & Natural Resources
      • Real Estate & Property
      • Shipping & Aviation
      • Tax & Customs Services
      • Telecommunications & Media
  • Members
  • News & Events
    • News & Insights
  • Rajah Tann Asia
✕
            No results See all results

            New Execution Guideline For The District Courts Aims To Simplify Execution Process

            In February 2019, the Supreme Court, through the Directorate General of the General Judiciary issued a new guideline for the implementation of execution in district courts (“Guideline“).

            The application for and implementation of execution in Indonesia is a lengthy process and often, it may even exceed the duration of the trial. Indeed, this is acknowledged by the Supreme Court in the introduction to the Guideline. As such, the Guideline aims to ease and to expedite the execution process, particularly for civil court decisions, mediation/settlement resolutions, arbitration awards, decisions from labor court (Pengadilan Hubungan Industrial), competition authority (Komisi Pengawas Persaingan Usaha), consumer dispute settlement agency (Badan Penyelesaian Sengketa Konsumen), information commission (Komisi Informasi), as well as executorial deed (grosse akta) and security execution (eksekusi jaminan).

            At a glance, the Guideline is divided into several sections: (i) execution, scope and settlement, (ii) registration of application for execution, (iii) application requirements for reminder (aanmaning) or execution, (iv) actual execution steps, (v) guidelines for cost calculation for reminder (aanmaning), confiscation and execution, (vi) arrangement of application for reminder (aanmaning) or execution, (vii) control of the execution file, and (viii) templates of application for execution.

            In conclusion, the Supreme Court hopes that the Guideline will assist in streamlining the execution process by creating a standard operation procedure that are applicable to all district courts.

            While the enactment of this Guideline may not be the ultimate answer to resolve issues surrounding execution in Indonesia, this Guideline manifests the Supreme Court’s commitment in improving the executing contracts indicator in the framework of Ease of Doing Business in Indonesia.

            Kindly contact us if you would like further information regarding the Guideline.

            ***

            AHP Client Alert is a publication of Assegaf Hamzah & Partners. It brings an overview of selected Indonesian laws and regulations to the attention of clients but is not intended to be viewed or relied upon as legal advice. Clients should seek advice of qualified Indonesian legal practitioners with respect to the precise effect of the laws and regulations referred to in AHP Client Alert. Whilst care has been taken in the preparation of  AHP  Client Alert, no warranty is given as to the accuracy of the information it contains and no liability is accepted for any statement, opinion, error or omission.

            More Articles

            • Managing Greenwashing Risk: A Southeast Asian Lens
              May 31, 2023
            • Resolving Construction Disputes through Dispute Adjudication Boards under Indonesian Law
              May 31, 2023
            • BUMN Omnibus Regulations Highlights Special Assignment and Environmental Social Responsibility Programs
              May 25, 2023
            • Regional Competition Bites Q1 2023
              May 24, 2023
            • How KPPU’S New Guidelines Use Data and Quantitative Approach to Enforce Antitrust Measures
              May 17, 2023
            • Assegaf Hamzah & Partners Takes Top Honours at Three Prestigious Legal Awards
              May 15, 2023
            • Constitutional Court Rulings Illuminate Certain Provisions of the PDP Law
              May 4, 2023
            • New KPPU Case Handling Procedure May Allow Dismissal of Anti-Competition Investigation Based on Change of Behaviour
              April 17, 2023
            • New Regulations Relax Criteria for Foreign-To-Foreign Merger and Charge Filing Fees for Merger Notification
              April 12, 2023
            • OJK Sets New Cyber Security Best Practices for the Banking Industry
              April 6, 2023
            By Practice Area
            • Projects & Energy
            • Technology Media & Telecommunications
            • Intellectual Property
            • Real Property
            • Banking & Finance
            • Capital Markets
            • Competition
            • Mergers & Acquisitions
            • Dispute Resolution
            • Tax and Customs

            Jakarta Office

            Capital Place, Level 36 & 37
            Jalan Jenderal Gatot Subroto Kav. 18
            Jakarta 12710,
            Indonesia

            Phone: +62 21 2555 7800
            Fax: +62 21 2555 7899
            Email: info@ahp.id


            Subcribe

            Surabaya Office

            Pakuwon Center, Superblok Tunjungan City
            Lantai 11, Unit 08
            Jalan Embong Malang No. 1, 3, 5,
            Surabaya 60261
            Indonesia

            Phone: +62 31 5116 4550
            Fax: +62 31 5116 4560

            Assegaf Hamzah & Partners


            © 2001 - 2023 Assegaf Hamzah & Partners. All rights reserved.

            Rajah & Tann Asia is a network of legal practices based in Asia.

            Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

            This website is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this website.