STUDY OF ARRANGEMENTS URGENCY FOR THE EXECUTION OF CASE COSTS IN CIVIL CASES

Abstract

Settlement of civil disputes in court is an effort to defend rights of a person controlled by another party. Settlement of this dispute begins with filing a lawsuit to the Court, either with or without consent of the party being sued. The lawsuit process begins with the registration of a lawsuit to Court, which can only be done if the plaintiff has paid the court fee down payment. The obligation to pay court fees down payment is regulated in Article 121 paragraph (4) Herziene Inlandsch Regulation (HIR), which is formulated: "Registration of a lawsuit in the case register book can only be carried out after the plaintiff has paid the court fee. If stipulated case fee has been paid, the plaintiff has the right to register the lawsuit and the clerk must register it in the case register book. Case costs in civil case trials through the courts are borne by losing party based on the Court's decision. However, the Court's decision was not implemented by Registrar, on the grounds that winning party did not submit an application for execution. In addition, there is no or no provision governing the execution of court decisions regarding the payment of court fees. As a result, the winning party is harmed, both materially and immaterially. Therefore, rules regarding the execution of court fee payment decision should be issued immediately, at least through a Supreme Court Regulation.

Keywords

• urgency
• civil cases
• execution
• supreme court