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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-9 | Issue-05 | 161-168
Review Article
Asset Disclosure as a Coercive Mechanism in the Execution of Civil Monetary Judgments: Reforming Indonesian Civil Procedure Law
Thomas Oloan, Heru Susetyo, Yodi Martono Wahyunadi
Published : May 22, 2026
DOI : https://doi.org/10.36348/sijlcj.2026.v09i05.003
Abstract
This study examines the legal deadlock in the enforcement of civil monetary judgments in Indonesia, particularly arising from the inability of successful litigants to identify the assets of judgment debtors during the execution stage. This condition not only disadvantages the prevailing party but also undermines the authority and credibility of judicial institutions. The central issue addressed in this research lies in the inadequacy of Indonesian Civil Procedure Law, which fails to provide effective legal mechanisms to compel judgment debtors to disclose their assets during enforcement proceedings. Such regulatory gaps are frequently exploited by debtors through the concealment or transfer of assets to evade execution. This study aims to analyze the structural and substantive weaknesses within the existing framework governing the execution of civil monetary judgments and to propose an asset disclosure mechanism as an alternative institutional solution to achieve equitable enforcement. Employing normative legal research with a statutory approach, this article proposes a paradigm shift in civil execution through the adoption of a sworn asset disclosure mechanism. The findings are expected to contribute to the reform of Indonesian Civil Procedure Law in order to strengthen legal certainty, judicial effectiveness, and access to justice for litigants.
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