Reform of Civil Execution Law in Indonesia Based on the Values of Pancasila

DOI

10.2991/978-2-38476-529-4_5How to use a DOI?

Keywords

Pancasila; Civil Execution; Legal Reform; Social Justice

Abstract

The reform of civil execution law in Indonesia requires alignment with the dynamics of society as well as the fundamental values of Pancasila as the state ideology. The current provisions governing civil execution in Indonesia still present a number of shortcomings, both in terms of substance and implementation. These include the lengthy procedures and settlement mechanisms, objections raised by the parties, the absence of an integrated framework for execution law, as well as other limitations related to security and technical aspects of enforcement. Therefore, Pancasila as the philosophical foundation of legislation must serve as a solid juridical, sociological, and philosophical basis for the reform of civil execution law in Indonesia.

This study aims to analyze the urgency of reforming civil execution law in Indonesia based on Pancasila values. It employs normative legal research methods through a statutory approach, conceptual approach, and comparative approach. The findings demonstrate the following: First, the procedures and mechanisms of civil execution in Indonesia continue to face various challenges in the dimensions of legal substance, legal structure, and legal culture. Second, Pancasila, as the foundation of the state, ought to constitute the juridical, sociological, and philosophical basis for reforming civil execution law. Third, legal reconstruction of execution may take the form of codification within a new Indonesian Civil Code (KUHPerdata) or the formulation of a specific statute on civil execution as lex specialis. Furthermore, strengthening judicial institutions is necessary through the establishment of a specialized execution unit under the Supreme Court, thereby ensuring a system that is responsive, just, and humanistic in accordance with the values of divinity, humanity, unity, democracy, and social justice.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Cesar Antonio Munthe
PY  - 2025
DA  - 2025/12/28
TI  - Reform of Civil Execution Law in Indonesia Based on the Values of Pancasila
BT  - Proceedings of the International Conference on Democracy and National Resilience 2025 (ICDNR 2025)
PB  - Atlantis Press
SP  - 42
EP  - 52
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-529-4_5
DO  - 10.2991/978-2-38476-529-4_5
ID  - Munthe2025
ER  -