The urgency of legal considerations in judges decisions on the implementation of Coerced Money (Dwangsom)

Aldi Subhan Lubis, Revi Fauzi Putra Mina and Andi Hakim Lubis
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Aldi Subhan Lubis: Universitas Medan Area
Revi Fauzi Putra Mina: Universitas Medan Area
Andi Hakim Lubis: Universitas Medan Area

Priviet Social Sciences Journal, 2025, vol. 5, issue 7, 147-154

Abstract: This study aims to determine whether the application of forced money (dwangsom) in a judge's decision is a coercive legal instrument to ensure voluntary implementation of a civil decision by the losing party. However, in practice, the absence of standard operating procedures and consistent legal considerations from judges in imposing or rejecting dwangsom create legal uncertainty. This study examines the urgency of rational, fair, and proportional legal considerations in every judge's decision related to the application of dwangsom. Normative legal research with a statutory, doctrinal, and case study approach was used. The results of the study indicate that the absence of explicit legislation regulations causes the judge to rely heavily on subjective interpretations, thereby reducing the effectiveness and coercive power of the decision. Therefore, a deep legal understanding and mature legal considerations are needed from judges when imposing dwangsom as a form of legal protection for parties with good intentions. This study also recommends judicial guidelines or regulatory updates to strengthen certainty and fairness in the application of dwangsom in civil courts.

Keywords: Dwangsom; coerced money; judicial decision; legal certainty (search for similar items in EconPapers)
Date: 2025
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DOI: 10.55942/pssj.v5i7.599

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