Wardani, Lutfi Kusuma and , Andria Luhur Prakoso, S.H., M.Kn (2023) Putusan Niet Ontvankelijke Verklaard dalam Perkara Cerai Gugat (Studi Kasus Putusan Nomor : 18/PDT.G/2022/PA.SMN Junto Putusan Nomor : 22/2022/PTA.YK). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Relations between people, situations often occur that give rise to legal relations. In this legal relationship, the parties will have rights and obligations that must be fulfilled. If one party feels that their rights have been violated or harmed, that party can file a lawsuit or claim their rights legally through the judiciary. The lawsuit must meet the terms and conditions set out in the HIR and RBg. If the lawsuit contains a formal defect, the judge can declare that the lawsuit is unacceptable (Niet Ontvankelijk Verklaard). The problem is whether the legal consequences and efforts in the Decision are declared unacceptable (N.O) in the contested divorce case Number 18/PDT.G/2022/PA.SMN and the factors that led to the Decision in case Number 18/PDT.G/2022 /PA.SMN declared unacceptable (N.O). This study aims to understand and analyze legal consequences, legal remedies, and the factors that led to the decision in the divorce case being sued Number 18/PDT.G/2022/PA.SMN declared unacceptable (N.O). The research method used is normative juridical research method (library research) which is descriptive analytical and analyzed qualitatively. The results of the study show that the legal consequence of a decision that is declared unacceptable (N.O) in case Number 18/PDT.G/2022/PA.SMN is that there is no object of claim in the decision that can be executed. This was due to the fact that the judge did not follow up on the lawsuit filed by the Plaintiff after he was not present at the trial even though he had been summoned 4 times. There was also a judge's mistake in the decision, because even though the plaintiff was not present at the trial, article 26 paragraph (1) PP 9/1975 and article 142 paragraph (1) KHI allow him to represent himself through his attorney. To overcome the losses arising from the N.O decision, the parties who feel aggrieved can take legal action in the form of appeals and remedial claims. The factor causing the lawsuit to be declared unacceptable (N.O) in the divorce case filed against Number 18/PDT.G/2022/PA.SMN was due to a wrong interpretation by the judge. This can have an impact on harm to the community at large, and may be related to the mindset of judges and the system of knowledge they have, which influences their pattern of thinking in interpreting or interpreting law in deciding a case. A mindset that is patterned as positivistic or non-positivistic can make a difference in the way judges interpret the law and decide a case practically.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Verdict, Niet Onvakelijk Verklaard, divorce |
| Subjects: | K Law > K Law (General) K Law > KI Hukum Indonesia > KG Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | LUTFI KUSUMA WARDANI |
| Date Deposited: | 12 Apr 2023 01:46 |
| Last Modified: | 12 Apr 2023 01:47 |
| URI: | http://eprints.ums.ac.id/id/eprint/111177 |
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