Application of Execution of Forced Money (Dwangsom) on Country Business Justice

Abstract

Dwangsom is a sum of money stipulated by a judge in a verdict charged to the defendant and enforced if the defendant does not carry out the sentence specified. Dwangsom's obligation must be fulfilled or paid when the losing party does not comply with the contents of the decision (which is condemnatory). Execution can be interpreted as an action in the case of a court decision that has permanent legal force (inkracht). Execution of court decisions is the implementation of court decisions by or with the assistance of outside parties from the parties. Matters relating to the execution are the cancellation of the Decree followed by rehabilitation, administrative sanctions and execution of decisions to pay a sum of money (dwangsom). Article 116 paragraph (4) of the Administrative Court Law states that "In the event that the defendant is unwilling to implement a court ruling that has obtained permanent legal force, the official concerned is subjected to forced efforts in the form of payment of forced money and or administrative sanctions". The purpose of these provisions is "officials who do not carry out court decisions that have legal force are still subject to forced money", forced money is intended to be in the form of payment of a sum of money stipulated by the judge because his position was included in the verdict when he granted the plaintiff's claim. Forced money (dwangsom) is imposed by the judge with the intention that the decision in the subject matter is carried out by the defendant (the losing party). Dwangsom can only be applied to orders to carry out certain actions carried out by certain people and cannot be replaced / represented by others. The application of dwangsom cannot be applied to all PTUN decisions. The application of dwangsom can only be imposed on punishable PTUN decisions (condemnator decisions).

Keywords: Implementation of execution, forced money (dwangsom), PTUN

DOI: 10.7176/JLPG/88-25

Publication date: August 31^st 2019