Legal Literacy - How is the legal certainty of conservatory attachment (conservatoir beslag) in default cases in Indonesia? Find a complete guide on your rights and how to protect your assets.

Question:

How is the legal certainty of Guarantee Seizure (conservatoir beslag) against the Defendant's assets in cases of unlawful acts or default in the application of law in Indonesia?

Explanation :

Before knowing how important it is to place a guarantee seizure (conservatoir beslag) against the Defendant's assets in civil cases, we must first know what Default means, namely: Default provisions can be found in Article 1243 Civil Code reads as follows: Reimbursement of costs, losses and interest due to non-fulfillment of an agreement begins to be required, if the debtor, even though he has been declared negligent, remains negligent in fulfilling the agreement, or if something that must be given or done can only be given or done within a period of time that exceeds the specified time. Through the contents of the article, there are at least 3 elements of default, including:

  1. There is an agreement;
  2. There is a party who breaks the promise or violates the agreement; and
  3. It has been declared negligent, but still does not carry out the contents of the agreement.

Thus, the thing that causes default is because there is a breach of promise in the agreement which causes one of the parties to break their promise or violate the promise. Then, the party who breaches the promise must be responsible to the injured party. Meanwhile, Unlawful Acts The provisions regarding unlawful acts are contained in Article 1365 of the Civil Code, which reads: Every act that violates the law and causes harm to another person, obliges the person who causes the harm due to his fault to compensate for the loss.

To make it easier to understand, let's take the illustration of examples A and B, A makes a money lending agreement with B for Rp. 1,000,000,000,- (one billion rupiah) where B will return it for 6 months from the date the agreement is signed and the handover of money and B, then as time goes by until 6 months in the future, A has not returned it, where B has made collections by meeting directly etc., but has not received clarity, until one day B asks for 3 months back by trying to convince A by providing a photocopy of B's SHM, until 3 months pass the payment has not been carried out, in the end B takes legal action by registering/suing the district court to fight for his rights.