Legal Protection for Creditors as Winners in Courts not Accompanied by Collateral Confiscation
Year: 2025
Type: article
Abstract: This article examines and analyzes the trial process in court, particularly in cases of breach of contract or default. The research method used is normative legal research, which studies and analyzes Decision No. 224/Pdt.G/2021/PN.MLG concerning debtor default and legal protection for creditors who obtain a favorable court ruling against a defaulting debtor but without the enforcement of a security seizure (conservatoire beslag). The results indicate that the panel of judges, in their considerations, applied fair and balanced legal principles by ruling that the defendant was in default. However, the request for security seizure was denied due to the absence of urgent grounds for such an action. To protect the interests of the plaintiff or creditor, the execution process of the court ruling can be pursued, whereby the relevant court will issue a warning (Aanmaning) to the debtor or defendant to voluntarily comply with the ruling. If this effort fails, the court will enforce an execution seizure on the defendant's or debtor's assets. These assets will then be auctioned, and the proceeds will be used to settle the defendant's obligations fully.
Authors: Elfan C. Soemarto, M. Ghufron, Diah Aju Wisnuwardhani
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407922882