ruang lingkup gugatan : permohonan penetapan di pengadilan

Summary

This lecture on Civil Procedure Law focuses on the scope of lawsuits, specifically explaining two types: petition-based lawsuits (Gugatan Permohonan) and contentious lawsuits (Gugatan Kontensius). The lecture details the characteristics of petition-based lawsuits, such as unilateral interest, no opposing party, and straightforward claims like adoption or name correction petitions. It also covers the legal process, including hearings, decisions, and the limited legal recourse available, like cassation and review. The key takeaway is understanding the difference between petition-based lawsuits and contentious lawsuits, along with their respective legal proceedings.

Takeaways

• 😀 The scope of lawsuits in civil procedural law is divided into two types: voluntary lawsuits and contentious lawsuits.
• 😀 Voluntary lawsuits involve a single party filing a petition without opposition, such as name corrections or adoption petitions.
• 😀 In voluntary lawsuits, the petitioner has a unilateral interest, meaning no other party contests the request.
• 😀 The legal process for voluntary lawsuits is simpler, as there are no opposing parties involved, and the court decision is usually a decree (Penetapan).
• 😀 A key feature of voluntary lawsuits is that they are declaratory, meaning the court simply recognizes a status or decision without imposing penalties.
• 😀 The process of filing a voluntary lawsuit involves submitting a petition, presenting evidence, and having the court issue a decree or decision.
• 😀 The decision in a voluntary lawsuit is final and cannot be appealed, but it can be reviewed through cassation if there are legal errors.
• 😀 Cassation allows higher courts to review the legal application of a case, but it does not permit an appeal in the traditional sense.
• 😀 Judicial review (Peninjauan Kembali) is a possible option for revisiting the court's decision if new facts or evidence arise.
• 😀 It is important to understand the distinction between voluntary lawsuits and contentious lawsuits, which involve disputes between two or more parties.

Q & A

What are the two main types of lawsuits (gugatan) discussed in the lecture?

The two main types of lawsuits discussed are gugatan permohonan (request-based lawsuits) and gugatan kontensius (contentious lawsuits).

What is a gugatan permohonan (request-based lawsuit)?

A gugatan permohonan is a voluntary, non-contentious lawsuit where one party makes a request to the court without any opposition, such as petitions for adoption or name correction.

Can a gugatan permohonan involve multiple parties or third parties?

No, a gugatan permohonan involves only one party, the petitioner, with no opposition or third parties involved.

What are the key characteristics of a gugatan permohonan?

The key characteristics include: it is voluntary, involves a single party with no opposition, does not involve third parties, and the petitioner's request is declaratory (not punitive).

How does the process of a gugatan permohonan work in court?

The process is typically ex parte, meaning only the petitioner presents their case. The petitioner’s request is reviewed, and the court issues a decree (penetapan) based on the petitioner's statement and evidence.

What type of legal decision is made in a gugatan permohonan?

In a gugatan permohonan, the court issues a decree (penetapan), which is a final and binding decision. The decision is declaratory, confirming the request of the petitioner.

Can a decision made in a gugatan permohonan be appealed?

No, decisions in gugatan permohonan cannot be appealed at a higher court. However, cassation (kasasi) can be pursued if there is a misapplication of law.

What is cassation (kasasi), and when can it be used in the context of gugatan permohonan?

Cassation is a legal recourse to the Supreme Court that can be used when a decision is made with incorrect application of the law. It can be pursued in gugatan permohonan cases if the lower court's decision is flawed in its legal reasoning.

What happens if a party is dissatisfied with a decision in a gugatan permohonan after cassation?

If a party is still dissatisfied after cassation, they may have the option to request a judicial review (peninjauan kembali), but this is subject to the circumstances and specific legal grounds.

How does gugatan kontensius (contentious lawsuit) differ from gugatan permohonan?

Gugatan kontensius involves a legal dispute between two or more parties, where both parties present arguments and evidence. In contrast, gugatan permohonan is a one-sided request without opposition.