Parate Eksekusi dan Paksa Badan  

Oleh:

Sibarani, Bachtiar

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 15 (2001), page 5-23.
Topik: hukum; parate eksekusi; paksa badan

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.2 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

"Parate executie" (Dutch) is defined as an instant execution for civil debt without a judicial decision or a judge's order. "Parate Executie" in Guarantee Law is previously given to creditor of first Mortgage and to a Pawn broker (Du., Pand). Usually parties involved in a Pawn, called Creditor and Debtor, agreed to execute on their own business as written up in their agreement, if one party failed to fulfill one's responsibilty. Then, in some Guarantee Laws there were types of "Parate Executie", such as : the first Mortgage Parate Executie, the First Surety Rights (Ger., Haftung; Du. , Borg) Parate Executie, the Pawn Parate Executie, the Fiduciary Parate Executie, the PUPN (Commision for State's Receivable Accounts) Parate Executie for State Own Bank. Imprisonment for civil debt (Du. ,Lifsdwang) called "hostage" (Du. , Gijzelng) in Act No. 49 / Prp / 1960 is defined as an effort to collect someone's debt in favor of state, by restaining civil freedom temporarily for a wealthy debtor who convinced not to pay the debt. Definitely, imprisonment for civil debt is by no mean the substitution of the debt, the reprimand, or the targeted goal, but it is an obligatory endeavor. However, to make every endeavor to have an impact on the debtors, it should involve on inform the debtors in plannning, investigating and even in implementing the hostage. The improsonment for civil debt could be implemented as long as six months, and many renew for another six months.

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