Revindication Confiscation (Revindicatoir Beslag)

Revindication Confiscate (Revindicatoir Beslag)

Revindication Confiscate is a foreclosure to reinstatement, the provisions relating to this revocation site contained in the Herzien Inlandsch Reglement ("HIR") provided for in Article 226.

 

The matters set out in the article are:

1. Moving Property Owners, may request by letter or with assistance to the Chief Justice of the State Court in the place of residence of the person holding the goods to be seized, In the letter shall specify the goods to be confiscated.
2. If the request is approved, the seizure is made pursuant to the warrant, the court clerk shall immediately notify the applicant that he must face the trial to file and confirm his case.
3. On the appointed day the person holding the seized item should be called upon to face the trial, the trial will be conducted in the usual manner, and if the lawsuit is accepted then the judge is ordered to confiscate the goods to the plaintiff. However, if the lawsuit is resolved then the judge will order to revoke the seizure.

 

The concern about Revindication Confiscate is:

Terms or Main Reasons for Revindication Confiscate

The basic requirements or the main reasons that must be assessed by the court at the request of revitalization seizure, refer to the provisions of Article 226 paragraph (1) HIR;

1. The object of the Dispute is a Moving Property

Article 226 paragraph (1) of the HIR says, revitalized seizure objects are movable goods. Thus, the object is a movable item that is in the hands of the defendant.

2. The Applicant is the Owner of the Goods

The conditions or reasons that are justified to ask for revitalization, namely the applicant is the owner of the goods. This confiscation cannot be submitted by tenants or borrowers or on the basis of default to pay compensation, but must be the owner of the goods. This is in accordance with the understanding and purpose of revitalization seizure, which is to sue back the property of the plaintiff who is in the hands and control of the defendant.

3. Goods Under the Control of Defendants without Rights;

Other requirements for the item must be in the control of the defendant based on the following:

1. Based on control without rights

The owner of the goods can claim back his property from another person who controls it, if the possession is based on the result of theft or other actions that are contrary to the law.

2. Based on the billboard rights given to the law by the seller

Because in the sale and purchase transaction, the law gives the seller the right to advertise, namely the right to demand a return of goods if the buyer does not pay the agreed price, the plaintiff has a basis for requesting revitalization, provided the plaintiff can show the facts of the goods in the defendant's hand is the item he sells and the defendant has not paid the agreed price.

3. The goods are in the hands of the defendant because they borrow

The owner whose goods are loaned to another person can demand the return of the goods even though the deadline has not been agreed upon if the reason is urgently needed by the owner.

4. Items to be Confiscated Must be Explained in Detail

Items to be confiscated must be carefully stated in the request letter. Clearly state the type, amount, brand or identity or nature attached to the goods. If the plaintiff is unable to explain it in a letter of request, it can be used as an excuse by the court to refuse the request.

 

Suria Nataadmadja & Associates Law Firm

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