UPAYA HUKUM BIASA HUKUM ACARA PERDATA

Summary

In this educational video, the speaker discusses the concept of legal recourse in civil procedural law, explaining the importance of appeals in the legal system. The speaker outlines both regular and extraordinary legal efforts, such as appeals (banding), cassation, and reviews, highlighting their procedures, deadlines, and the implications of missing these deadlines. The video emphasizes the role of the judiciary in correcting mistakes and ensuring fairness, and the significance of submitting supporting documents and legal memos during appeals. The overall message encourages the effective use of legal avenues to seek justice.

Takeaways

• 😀 Legal remedies are essential because judges, being human, may make mistakes, and remedies offer a way to seek justice if a party disagrees with a court decision.
• 😀 Ordinary legal remedies include **verzet** (opposition to a judgment made in absence of the defendant), **banding** (appeal to the higher court), and **kasasi** (cassation to the Supreme Court).
• 😀 Extraordinary legal remedies include **peninjauan kembali** (judicial review), **perlawanan pihak ketiga** (third-party opposition), and **perlawanan eksekusi** (opposition to execution).
• 😀 Legal remedies are subject to strict deadlines; for **banding**, the deadline is **14 days** from receiving the decision or notification.
• 😀 **Kasasi** also has a **14-day** deadline for submission after receiving the judgment notification.
• 😀 **Memori banding** (appeal memory) is optional but recommended for presenting errors in the original judgment. Failure to submit it may weaken the case.
• 😀 **Memori kasasi** is mandatory for cassation. If not submitted within the **14-day** period, the cassation application will be rejected.
• 😀 Both **memori banding** and **memori kasasi** help clarify the reasons for appealing and support the arguments with evidence, ensuring a stronger case.
• 😀 **Third-party opposition** and **opposition to execution** aim to delay the implementation of a judgment or address claims made by parties not originally involved.
• 😀 Missing the legal remedy deadlines or failing to provide the proper substantiation can lead to the rejection of the appeal, meaning the original decision stands as final.

Q & A

What is the purpose of legal remedies (upaya hukum) in civil procedure law?

Legal remedies are provided because judges, being human, can make mistakes or act unfairly. These remedies allow the party dissatisfied with a court ruling to seek further justice or correction of the decision.

What is the difference between regular and extraordinary legal remedies?

Regular legal remedies include Verzet (objection to a default judgment), appeal (banding), and cassation (kasasi). Extraordinary legal remedies include review (peninjauan kembali), third-party opposition, and opposition to execution.

What is a Verzet and in what context is it used?

Verzet is an objection to a judgment issued in a default (verstekt) decision where the defendant did not attend the hearing despite being properly summoned.

How is an appeal (banding) different from cassation (kasasi)?

An appeal is filed to challenge a decision from a district court (Pengadilan Negeri) to a higher court (Pengadilan Tinggi), while cassation is filed to the Supreme Court (Mahkamah Agung) to challenge a decision made by an appellate court (Pengadilan Tinggi).

What is the time frame for filing an appeal (banding)?

The time frame to file an appeal is 14 days after the verdict is pronounced in an open court session or after receiving the notice of the judgment.

Why is submitting a memoria banding (appeal brief) important?

Although not mandatory, submitting a memoria banding is crucial to highlight the errors in the lower court's judgment. It is an opportunity to present the arguments that could potentially correct the decision.

What happens if a party does not submit a memoria banding?

If a memoria banding is not submitted, the case can still proceed to the appellate court, but it could hinder the chances of altering the judgment in favor of the appellant.

What is the role of the memoria kasasi in cassation (kasasi)?

A memoria kasasi is mandatory and must be submitted within 14 days of filing a cassation. It outlines the reasons for challenging the appellate court's decision and is necessary for the Supreme Court to consider the case.

How is the cassation process different from the appeal process?

Cassation is filed after an appeal, and it is reviewed by the Supreme Court, focusing on legal errors or misapplications of the law. In contrast, an appeal examines the facts and legal interpretations from the lower court.

Can a party appeal a judgment from the Commercial Court (Pengadilan Niaga)?

No, judgments from the Commercial Court do not go through the appeal process. Instead, they can be directly contested through cassation (kasasi) to the Supreme Court.