Dwangsom and Judgment Enforcement in Land Disputes from an Islamic and Indonesian Law Perspective

Land ownership disputes often result in final and binding civil judgments that are ineffective in practice, leaving the prevailing party with only a normative victory and no actual restoration of rights. Dwangsom functions as a coercive mechanism to ensure compliance with judgments; however, its application in Indonesia remains jurisprudential and lacks a standardized operational framework. Moreover, studies integrating dwangsom within the frameworks of justice in judgment enforcement, maqāṣid al-sharī‘a, and the Sustainable Development Goals (SDGs) remain limited. This article examines dwangsom as an instrument of judgment enforcement by analyzing Supreme Court Decision No. 1429K/Pdt/2006. It evaluates its relevance from the perspectives of maqāṣid al-sharī‘a and SDG 16. Employing a normative juridical method with statutory, case, and conceptual approaches, the study finds that dwangsom is effective in enforcing non-monetary obligations by altering the incentives of non-compliant parties and accelerating the restoration of rights. It further develops a maqāṣid-based framework for the enforcement of judgments, comprising three indicators: legal certainty, expediency, and proportionality. This framework positions dwangsom as a strategic tool to strengthen the effectiveness of court decisions and enhance access to justice.