Guarantee Confiscation or Conservatoir Beslaag is the confiscation of the property of the defendant whose ownership status is disputed. This confiscation was one of the forced attempts against the defendant’s property which became collateral. “All movable and immovable property belonging to the debtor, both existing and existing ones, becomes collateral for the debtor’s individual engagements”.
In the Big Indonesian Dictionary Online of the Ministry of Education and Culture (“KBBI Online”), confiscation means the process, method, act of confiscating. Still sourced from KBBI Online, the term seizure itself is defined as a matter of taking and holding goods according to a court decision by state officials (police and so on). Then M. Yahya Harahap in the book Civil Procedure Law on Lawsuits, Trials, Confiscation, Evidence, and Court Decisions (page 282), explained that the seizure came from the beslag terminology (Dutch) and the Indonesian term beslah, whose standard term is confiscation or confiscation.
A guarantee situation can be submitted by the plaintiff to the head of the district court to guarantee the implementation of civil decisions by cashing in or selling the confiscated goods to fulfill the plaintiff’s demands. The purpose of the guarantee seizure is so that the goods are not embezzled or exiled during the trial process, so that later the verdict can be implemented.
The confiscation of this guarantee is regulated in article 227 HIR, “If there is a reasonable suspicion that a person in debt, while a decision has not been made on him or while the verdict that defeats him has not been implemented, seeking reason will impose or bring his goods, both irregular and permanent the head of the district court may give an order to confiscate the goods in order to safeguard the rights of the person submitting the request, and the applicant must be notified that he will be before the court, the first district court after This is to promote and strengthen the claim If the judge grants the confiscation of the guarantee, the right of the defendant to the object which is the guarantee is temporarily lost and forces the owner of the object to carry out certain obligations.
