The Lawsuit Is Granted

The plaintiff can only receive a lawsuit if the reason for the lawsuit can be proven by evidence, as stipulated in Article 1866 of the Civil Code and Article 164 HIR. In short, both articles emphasize that proof must be accompanied by evidence to confirm or deny the rights of others. As a result, a lawsuit may be “partially granted” or “fully granted”, according to the decision of the panel of judges.

Lawsuit Rejected

M. Yahya Harahap explains in Hukum Acara Perdata (p. 904) that if the plaintiff is deemed unable to prove his argument, the lawsuit must be rejected completely. In other words, if a lawsuit cannot prove its argument (that the defendant should be punished for violating the matters mentioned in the lawsuit), the lawsuit will be rejected completely.

Lawsuit Cannot Be Accepted

In the event that a lawsuit is inadmissible, M. Yahya Harahap explains that there are several formal defects that can cause a lawsuit to be inadmissible, one of which is a lawsuit signed by a power of attorney based on an unqualified power of attorney, as stipulated in Article 123 paragraph (1) HIR jo. SEMA 4/1996:

1. The lawsuit has no legal basis;
2. Error in persona lawsuit in the form of disqualification or plurium litis consortium;
3. The lawsuit contains defects or obscuur libel; or
4. The lawsuit violates absolute or relative jurisdiction (competence) and so on.

The judgment must clearly and unequivocally state that the lawsuit is inadmissible (inadmissible/not accepted). This applies to lawsuits that contain formal defects such as power of attorney, mistake of person, improper libel, expiration, or ne bis in idem.

Supreme Court Jurisprudence No.1149/K/Sip/1975 dated April 17, 1975 shows that a lawsuit cannot be accepted against an unclear object.

The difference between a lawsuit being granted, rejected, and unacceptable lies in the reason for the lawsuit, such as whether the evidence can be proven or cannot be proven, or whether the subject of the lawsuit is unclear. The Panel of Judges examining the case decided on this distinction.

Legal Basis:

1. Civil Code;
2. Het Herzien Inlandsch Reglement;
3. Supreme Court Circular Letter Number 4 of 1996 concerning the Emblem/Sign of Office of Judges.

Judgment:

Supreme Court Jurisprudence Number 1149/K/Sip/1975.

Reference:

Hukumonline.com