Art 224 HIR / 258 RBg as a legal based of “grosse akta” acknowledgment of debt execution in Indonesia

Written by disriani.latifah on November 23, 2015 – 2:23 pm -

ABSTRACT

Article 224 HIR / 258 RBg as a legal based of grosse akta acknowledgment of debt execution in Indonesia

Executorial title which reads “In The Name of Justice Based on Almighty God” is not only found in court decisions but also found in the notary deed referred to art. 224 HIR /258 RBg called grosse akta. The title makes grosse akta has executorial power just like a court decisions. Basically the function of grosse akta is to facilitate the execution in the event of default, by grosse akta creditor could directly submit the executorial application to the court without due process of ordinary lawsuit. However, in practice the courts could refuse to execute grosse akta acknowledgment of debt for various reasons. This issues remains unresolved despite grosse akta acknowledgment of debt already had long existences in Indonesia but there is still confusion about that execution issue even though now we already had Law Number 30/ 2004 Regarding Notary.  The court refusal to execute grosse akta acknowledgment of debt would cause a legal uncertainty, the simplicity of execution would be failed and also would raises the question of what is the actual function of a grosse akta acknowledgment of debt.


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