International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online)

Optimising Legal Execution in Creating A Justice-Based Legal Certainty
D. Yuliati Dwi Nastiti, Adi Sulistyono, Hayyan Ul Haq, Hari Purwadi

Abstract
This dissertation is aimed at deeply understanding and analysing the root cause of incapability of the execution of the court which has definitive legal decision (incracht decision). In addition, it will be focused on analysing and developing an otimal model of legal execution in frame work of creating justice-based legal certainty. To manifest the above objective, it uses doctrinal and non-doctrinal approaches. In doctrinal approach, it will use statute and case approach by using primary and secondary legal materials, such as acts, court decisions. While the nondoctrinal approach applies socio-legal approach by focusing on primary legal materials which stemmed from interview with judges and advocates. The result of this research shows that the root cause of the failure of the implementation of the execution is caused by: (i) the different of legal interpretation on the legal substance of the existing norms; (ii) the lack of legal awareness, and even tends to the absence of the goodfaith among of the disputants; (iii) the lack of commitment of the chief justice at the district courts; (iv) inconsistence of legal politic of Indonesian Supreme Court; (v) the existence of legal mafia; (vi) there is political, economic and social influences; (vii) supporting infrastructure and facilities. At the end, this research proposes some strategic steps in optimising the implementation of legal execution, that are: (i) harmonising legal rules, particularly which related to process of execution; (ii) developing and strengthening legal culture; (iii) improving and strenghtening public control to ascertain the consistence of the Inodnesian Supremen Courts’s legal-political commitment in implementing the process of execution; (iv) improving credibility and professionality of judges; (v). Developing mediation; and (vi) strengthening supporting infrastructure and facilities of legal execution.***

Full Text: PDF