Institutionalization of the Indonesian Civil Execution Law (TICEL)

Abstract

The aim of this institutionalization for defining: (1) how to institutionalize (2) legal scope, (3) principles and (4) definition of The Indonesian Civil Execution Law (TICEL) as one of the jurisprudence. Institutionalization is based on normative legal research, through an inventory of materials obtained legal norms are then processed into TICEL. Legal materials processing include grouping, linking, comparing, explaining, concluding, harmonizing and synchronizing based on philosophy and legal doctrine. Based on the known processing, the scope of TICEL classified according to the object, the subject, by execution with or no determining steps, the  results and procedures; the principles of TICEL, including TICEL as well as the public of law, the legal certainty, accountability, proportionality, the enforcement execution is the enforcement of the state authority, the judge’s decision is not the only object of execution and neither the court as the subject of execution, the state receivables execution is different from the execution of non-receivable state, the legal contract may the basic of execution, the power executorial based on the state regulation, the execution is carried out if the debtors do not perform their obligations, without application no execution and execution may concern element of enforcement; TICEL is the rule of law concerning of forceful measures for realizing the rights and/or sanctions of civil law. It is recommended to related parties to optimize the use of TICEL, especially making TICEL as courses in the faculty of law and the main material preparation the Acts of TICEL.

Key words: institutionalization, execution, The Indonesian Civil Execution Law (TICEL)