Provisional measures are orders made by a court before it decides the merits of a case, in order to preserve the position of the parties, prevent irreparable harm, or ensure that a future judgment can be enforced.
Conservatory Attachment in Indonesia
The most important provisional measure in Indonesian civil procedure is the conservatory attachment (sita jaminan, or conservatoir beslag). Under Article 227 of the HIR, a creditor with a well-founded suspicion that the debtor is seeking to dispose of or remove assets to defeat the claim may ask the court to attach those assets. The attachment is confirmed in the final judgment if the claim succeeds, and is then converted into an executorial attachment.
Revindicatory Attachment
A claimant who asserts ownership of a movable item held by the defendant may request a revindicatory attachment (sita revindikasi) over that specific item.
Provisional Decisions
An Indonesian court may also issue a provisional decision (putusan provisi) at the request of a party, ordering an interim measure pending the final judgment, such as stopping construction that is the subject of a dispute.
Injunctions in English Law
English courts may grant interim injunctions under the principles in American Cyanamid Co v Ethicon Ltd (1975): whether there is a serious issue to be tried, whether damages would be an adequate remedy, and where the balance of convenience lies. A freezing injunction prevents a defendant from dissipating assets, and a search order permits the search of premises to preserve evidence.