Kemungkinan Pada Sidang Pertama (Hk.Acara Perdata)

Summary

In this video, Aisyah Hanifah from the Islamic Economic Law department at UIN Sunan Gunung Djati Bandung explains the possible scenarios that can occur during the first trial in civil procedural law. She outlines the concept of civil procedure law, the importance of mediation, and the different outcomes such as successful mediation, partial success, or failure. Aisyah also discusses the legal consequences when the plaintiff or defendant does not attend the trial, and what happens when a default judgment is passed. The video provides a comprehensive overview of the procedures and possibilities in a civil trial, aiming to educate viewers on the process.

Takeaways

• 😀 The presentation covers the possible scenarios in the first session of a civil court case.
• 😀 Civil procedure law (hukum acara perdata) governs the actions of both parties and the court in handling cases.
• 😀 Mediation is required by the Supreme Court Regulation No. 1 of 2016 before moving forward with litigation.
• 😀 Mediation aims for dispute resolution through negotiation with the help of a neutral third-party mediator.
• 😀 The success of mediation can result in full or partial withdrawal of the lawsuit or failure to reach an agreement.
• 😀 If both the plaintiff and defendant are absent after being properly summoned, the lawsuit is considered non-existent.
• 😀 If the plaintiff is absent but the defendant attends, the lawsuit is considered nullified, and the plaintiff must bear the costs of the lawsuit.
• 😀 If the defendant is absent but the plaintiff attends, the court may issue a default judgment (verstek), which can be contested by the defendant within 14 days.
• 😀 A default judgment may lead to either the acceptance or rejection of the plaintiff's claims, depending on the available evidence.
• 😀 If the defendant disagrees with a default judgment, they can file a legal challenge (verzet) to contest it within a specific time frame.

Q & A

What is civil procedural law?

Civil procedural law is a set of regulations that outlines how individuals should act in court and how courts should conduct themselves in implementing civil law. It involves procedures before, during, and after trials, including actions like summoning parties, filing lawsuits, and handling special cases like default judgments and mediation.

What is mediation in the context of civil law?

Mediation is a method of resolving disputes through negotiations facilitated by a neutral third party, known as the mediator. The goal is to reach a mutual agreement between the parties involved without going through a full trial.

What are the principles of mediation?

The principles of mediation include: (1) the obligation of all parties to participate, (2) the effort to reach an amicable agreement, (3) the use of appropriate approaches, and (4) respecting the rights of the parties involved.

What happens if both the plaintiff and defendant are present at the first hearing?

If both the plaintiff and defendant attend the first hearing, the court will likely proceed with the mediation process, as stipulated in the Supreme Court Regulation No. 1/2016. The judge encourages the parties to attempt mediation before continuing further with the litigation.

What are the possible outcomes of mediation?

The outcomes of mediation can be: (1) successful mediation, where the parties reach a settlement and the lawsuit is withdrawn, (2) partial success, where part of the lawsuit is withdrawn, and (3) unsuccessful mediation, where no agreement is reached and the case continues to court.

What happens if both the plaintiff and defendant fail to appear at the first hearing?

If both parties fail to appear despite being properly summoned, the case is considered non-existent according to Articles 150 and 126 of the HIR (Het Herziene Indonesisch Reglement), and the judge may dismiss the case.

What happens if the plaintiff does not show up but the defendant does?

If the plaintiff does not appear at the first hearing, but the defendant does, the lawsuit is considered to have been withdrawn, and the plaintiff may be required to pay the court fees. However, the plaintiff can refile the lawsuit once the fees are paid.

What is the consequence if the defendant does not show up but the plaintiff does?

If the defendant does not appear at the first hearing but the plaintiff does, the judge may issue a default judgment (verstek) in favor of the plaintiff. The judgment is based on the plaintiff's written complaint, as the defendant has not presented a defense.

What options does the defendant have if a default judgment (verstek) is issued against them?

The defendant can challenge a default judgment through a legal action known as 'verzet' (opposition), which must be filed within 14 days from the notification of the verdict. If unsuccessful, the defendant may appeal the decision.

How can the plaintiff proceed if their lawsuit is dismissed due to a defendant's absence?

If the plaintiff's lawsuit is dismissed because the defendant did not appear and the plaintiff paid the court fees, the plaintiff can refile the lawsuit and proceed with the legal process again.