Legal Protection for Creditors as Winners in Courts not Accompanied by Collateral Confiscation

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.

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Publication Details

Journal
East African Scholars Journal of Education Humanities and Literature
Published
2025-02-20
DOI
https://doi.org/10.36349/easjehl.2025.v08i02.004
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection for Creditors as Winners in Courts not Accompanied by Collateral Confiscation

Diah Aju Wisnuwardhani, Muhammad Ghufron, Elfan C. Soemarto
East African Scholars Journal of Education Humanities and Literature
Corporate Insolvency and Governance
article

Legal Protection for Creditors as Winners in Courts not Accompanied by Collateral Confiscation

Diah Aju Wisnuwardhani, Muhammad Ghufron, Elfan C. Soemarto
article en

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.

East African Scholars Journal of Education Humanities and LiteratureVol. 8(02)
Openalex Percentile: Top 96%
Corporate Insolvency and Governance
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Legal Protection for Creditors as Winners in Courts not Accompanied by Collateral Confiscation — Diah Aju Wisnuwardhani, Muhammad Ghufron, et al. · East African Scholars Journal of Education Humanities and Literature (2025) | TGRS Research Map | TGRS