CIVIL LITIGATION LAW

CIVIL LITIGATION LAW

I. INTRODUCTION
1.1. The Civil Law Sense
Prof. Dr. Sudikno mertokusumo, SH
Civil law is the rule of law that governs how conformity with these regulations with the objective of civil law judges. More concrete to say that Civil Law set about how to apply the demands of right, examine, decide, and implementation rather than an award.

Abdul kadir Mohammed
Civil law is the rule of law that serves to maintain the enactment of the civil code, as appropriate. Civil law formulated as rule of law governing civil litigation settlement process through the Court (judge), since the lawsuit was filed up to the implementation of the ruling of the judges.

Retnowulan
Civil law civil law Legal rules which are Formyl that determine and regulate the manner of carrying out the rights and obligations of the civil code, as provided for in the law of Grader materially.

Susilo R.
Civil/Hukum Civil law i.e. Formal set of Legal rules that specify how to maintain material civil law because the violation of the rights and obligations arising from the civil law of that material, or in other words a collection of Legal regulations that specify requirements to be met in advance of the judge of the Civil Code establish a dispute, so that the obtained a decision from him, and then decide how to pelaksaan the verdict the judge of that.
From some of the above understanding that Civil Law is the rule of law that has characteristics:
-Determine and regulate how to ensure conformity with these civil law materially.
-Determine the requirements that must be met for beracara in advance of the trial court, from the filing of the lawsuit, the decision making to the implementation of the ruling of the Court.

1.2. History of formation of Civil Law
5 December 1846 Governor-general Ijan Jacob Rochussen member task kerua MA and MA's army to make a Reglemen for the Indonesia.
6 August 1847 Jhr. Mr. h. L Wichers/Chairman MA and MA's army has finished with the design as well as the regulations of the explanation.
April 5, 1848, Stbl. 1848 No. 16 Draft Wichers received and on the announce by the Governor General with the given name "Het reglement Inlands" I.R. and entered into force on 1 May 1848.

1.3. The principle of the Basic Law-Civil
1.3.1. The sense of
Paul Scholten defines the Basic Law as the basis of thoughts that can in and behind the respective Legal system formulated in statutory rules and Awards judges that pleased him, provisions and individual decisions can be seen as jabarannya.
Harjono gave up Legal sense that functions as a normal value of the giver. So with a brief Legal system dibagin (substantive/on the basis of the values contained in the basic law.

1.3. Principles of Civil Law
Sudikno Mertokusumo Civil Law there call 7 basis including:

1. Judges Are waiting. Article 142 and article 118 HIR RBg.
The initiative to file charges right handed sepeuhnya to the question. So whether or not the process aka tone, whether a case or demands it be submitted or not submitted to all parties concerned, while the Judges are awaiting datagnya the demands of the rights proposed to him.
But once the matter submitted to him, the judge may not refuse to examine and put on trial, though on the pretext that the law is not or less clear (article 16 of LAW No. 4/2004). The prohibition to refuse to examine the matter skyrocket presumption that judges know the law (ius steal novit), if he cannot find a written Law, then he is obliged to explore, follow, and understand the Legal values that live in the Community (article 28 of ACT No. 4/2004).

2. Passive Judges. Article 178 (3) and section 154 HIR RBg.
The scope of the subject matter or widespread disputes submitted to the judge for review is essentially determined by the party litigants and not judge. The judge simply help the seekers of Justice and try to overcome all obstacles and hurdles to be able to reach the judiciary (article 28 of ACT No. 4/2004).
Judges must actively lead the Council, launched the jalane trial, assisting both parties in the search for truth, but in examining civil litigation judges must be Tut wuri, judges are bound to events raised by the parties.
The parties freely encompasses its own ending a dispute that had been granted to the face of the Court, while judges can not be menghalaginya. This can be either peace or annulment lawsuits (article 130, 154 HIR RBg).
The judge is obligated to prosecute all the lawsuits and a ban on dropping the verdict over something that is not claimed, or me

The judge is obligated to prosecute all the lawsuits and a ban on dropping the verdict over something that is not claimed, or grant more than claimed (article 178 paragraph 2 and 3, article 189 HIR verses 2 and 3 RBg.) are concerned the appeal or not, then, not the interests of judges (article 6 of ACT No. 20/1047, article 199 RBg).

3. The nature of an open trial. Article 19 (1) and article 20 of ACT No. 4 of 2004.
That everyone is allowed to attend, listen, and watch the examination proceedings (except other demanded by Act). The goal is to give the protection of human rights in the field of the judiciary and to further ensure judicial accountability checks with obyektifitas which is fair, impartial and a verdicts of the sister to the community, (article 19 paragraph 1 of ACT No. 4/2004).
But there is also a closed nature of the trial, for example, the matter of divorce, but the reading of the verdict of the trial should be open, if not otherwise open to the public the decision was invalid and did not have the strength and resulted in an aborted hukuk verdict according to the law.

4. Mendengan both sides. Article 5 (1) of law No. 4/2004 and article 132a, 121 (2) HIR and article 145 (2), 157 RBg and Article 47 RV.
That both parties are to be treated equally, impartially and be heard together. That Pengadilanmengadili according to law by not distinguishing the person (article 5 of ACT No. 4/2004).
That judges should not accept the description of one of the parties as true, when the opposing side is not being heard and are given the opportunity to issue an opinion, it means also that the submission of evidence must be made in advance of the hearing that was attended by both parties (article 121, 132a Yt 2 HIR, article 145, paragraph 2 and article 47 157 RBg Rv).

5. The award shall be accompanied by reasons. Article 25 of ACT No. 1/2004, Article 184 (1), 319 HIR and article 195, 618 RBg.
All the judge's ruling shall contain the reasons for the ruling that is relied upon to prosecute (article 25 paragraph 1 of Act No. 4/2004, article 184 paragraph 1, 319 HIR, article 195, 618RBg).
How important those reasons as the basis for the verdict we can see from a few MA verdict which sets, that verdict are incomplete or lacking enough consideration is the reason for the appeal and must be cancelled.

6. Beracara charge, article 4 (2), 5 (2) of ACT No. 4/2004. Article 121 (4), 182, 183 HIR, article 145 (4), 192 RBg, except Article 237 HIR, article 273 RBg. for litigants on; a fee (article 4 paragraph 2.5 paragraph 2 Law No. 4/2004).
Fees include the cost of the clerk and the cost for excavation notifications by the parties as well as the cost of postage labels. In addition, when requested the assistance of a lawyer then it should be also excluded the costs.
For those who cannot afford to pay fees, can litigate for free (Pro Deo) and get permission to be exempt from the payment of fees, by submitting affidavits are not capable of being made by the Chief of police (article 237 HIR, 237 RBg). However in practice the affidavits were not able to be made by the head of the area of residence concerned.



7. There is no imperative represents. Article 123 HIR, 147 RBg.
HIR does not obligate the parties to represent to others, so that the examination of the dipersidangan going directly against the parties directly concerned. However, the parties may be assisted or represented by his power if he wants (article 123 HIR, 147 RBg).

There are eight basic mention Setiawan, namely:
1. The principle of simplicity. Article 4 (2), 5 (2) of law No. 4/2004
2. Pengadilanmengadili according to the law does not differentiate people, article 5 (1) of ACT No. 4/2004.
3. The judge actively leading the process. Article 132 HIR, article 156 RBg.
4. to provide equal treatment to the parties the litigants.
5. The parties have the same position.
6. A Pengadilanharus given a sufficient consideration.
7. The resolution of the matter within a reasonable time.
8. The law of the event itself is not the goal.

1.4. Civil Law Sources
A. Understanding The Sources Of Civil Law
In a simple source of law is everything that may give rise to the rules and appropriately found the rules of law.

B. various Civil Law Sources
1. Laws and regulations
a. HIR: Het Indonesisch Herzein Reglement Stb. 1848 No.16 Jonto Stb, 1941 No. 44 applies to the area of Java and Madura.
b. RBg: Rechtsreglement Buitengewesten Stb. 1927 No. 227 for outside Java and Madura.
c. BW book IV: Burgelijke Wetboek Voor Indonesisch
d. RV: Reglement op de Burgelijk Stb Rechtsvordering. 1847 No. 52 Jo. STB. 1849 No. 63 in Civil Law for the Europeans.
e. Act No. 20/1947, the Act of Judicial Ulangandi of Java and Madura.
f. Law No. 04/2004, the Act concerning the powers of the Judiciary.
g. Law No. 14/1985 Jo, Act No. 5/2004.
h. Act No. 2/1986 Jo, Act No. 8/2004 the ACT on the judicial Environment.
i. Law No. 7/1989 ACT of religious courts.
j. Law No. 1/1974 and REGULATION No. 9/1975
k. PERMA and SEMA.

2. The jurisprudence
3. Custom embraced by the judges in the conduct of Civil Proceedings.
4. The doctrine of
5. International Agreements
In the field of judicial cooperation agreement between Indonesia and the Kingdom of Thailand.


II. GENERAL AND SPECIAL JUDICIAL BODIES
A. order of General and special Judiciary.














Judicial power is exercised:
1. Mahkaman the great and the existing Judicial Bodies below: Public Justice, religious courts, The State Judiciary, Military Justice.
2. The Constitutional Court
The Constitutional Court is authorized to adjudicate on the first and last level that an award is final for:
-Test the LAW against the CONSTITUTION
-Decide the dispute the authority of its State institutions which are given to the CONSTITUTION
-Disconnect the dissolution of political parties
-Disconnect the dispute over election results.

(Section 24 para 2 of the CONSTITUTION of 1945; Article 10 of ACT No. 4/2004; Article 12 of ACT No. 4/2004; Article 2 of Act No. 4/2004).

The power of Justice (Act No. 4/2004
Article 1: the powers of the Judiciary power is independent.
Article 4: do Justice "for the sake of fairness Upon the divinity of the one true God"
Article 8: "the principle of presumption of innocence"
Article 10: the power of Justice committed by an MA and an existing Judicial bodies below and by a CONSTITUTIONAL COURT.
Article 12: the COURT is authorized to adjudicate on the first and last level that an award is final for:
-Test the LAW against the Constitution.
-Disconnect the Disputes that its State agencies the authority granted by the CONSTITUTION of the State of INDONESIA, 1945.
-Disconnect the dissolution of political parties and
-Disconnect the disputes about election results.
Article 16: Pengadilantidak should decline to examine and adjudicate a matter on the pretext that the proposed law does not or less jela, but obliged to check and put on trial.
Article 11: MA Authorities test the Regulations under paragraph 2 b of the ACT against the LAW.
Article 19: the trial examination of Pengadilanadalah open to the public, unless the LAW determines otherwise.
Article 28: the judge is obligated to dig, abreast of and understand the Legal values and sense of Justice that lives in the community.
Article 20: all regulations of the judiciary is only valid and have the force of law when in utter in a hearing open to the public.
Article 37: everyone who snagged a lawsuit entitled legal aid.


B. the judicial authority from the General and special.
1. Following the Public Justice (Act No. 2/1986 & Act No. 8/2004
-The powers of the Judiciary in environmental Public Justice administered by PengadilanTinggi (article 3 of ACT No. 2/1986).
-PengadilanNegeri duty and authorized checking, disconnect and solve criminal cases and civil litigation at first instance (article 50 of ACT No. 2/1986).
-PengadilanTinggi is in charge of prosecuting authorities and criminal cases and perfata in the appeal (article 51 (1) and the first and last level of the dispute the authority to judge between his punishment and PN (article 51 (2) of ACT No. 2/1986).

2. Power PengadilanAgama (Act No. 7/1989 Jo, law No. 3/2006)
Article 49 of LAW No. 3/2006:
-PengadilanAgama duty and authorized, disconnected and finish things of the present first among people who are predominantly in the field of:

a. marriage:
Marriage is arranged things in or under the laws of marriage and is done according to Shari'ah (explanation of Act No. 3 of 2006 Article 49).

b. Inheritance:
The heir is the determination of who is to be the heirs, the determination regarding the treasure relics, the determination of the portion of each heir, and carry out the legacy of Division of property, as well as the determination of the application for Pengadilanatas someone about the determination of who was the beneficiary, the determination of the portion of each beneficiary.
c. Wills:
A will is a p

PengadilanTinggi Religion of its regulated in article 51 paragraph 1 and 2 of Act No. 7/1989.

C. Power PengadilanTUN (Law No. 5/1986 & Act No. 9/2004)
-Authority PTUN arranged in article 47 of ACT No. 5/1986 Dispute TUN.
-The authority is set out in Article 51 PTUN law No. 5/1986

D. The Judicial Power Of The Military.
-Act No. 31 of 1997

E. Power MA (Law No. 14/1985 Jo. Act No. 5/2004)
-MA in charge and authorized check and decided:
1. Petition for cassation.
2. A dispute about the authority of the judge.
3. Application meninjauh Pengadilanyang verdict back yelah gained force of law (Article 28 of LAW No. 14/1985)

-MA in the level of Cassation canceled the ruling or penetapa Pengadilandari all judicial environment because:
1. Is not authorized and is beyond the limits of the authority.
2. Incorrectly apply or violates applicable law.
3. Fails to meet the conditions required by the Legislation which threatens it with an aborted negligence verdict in question (article 30 paragraph 1 of Act No. 5/2004).

F. Competence/Authority To Adjudicate
Civil law recognize two kinds of authority:
1. Absolute Authority/absolute.
2. Relative Authority/RELATIONAL Article 133 HIR, article 159 RBg, Pasasl 136 162 ataun HIR RBg, concerns the Division of power between Pengadilanyang similar judgment depending on the residence of defendants, azasnya is authorized is the PengadilanNegeri place to live these principles with the defendants, the latin language known "Actor Sequitoir Forum Rei".

Against the principle above, there are some exceptions, such as that contained in article 118 and 142 HIR RBg.
1. the place of residence of the Defendant, P.N. when defendants were living place is unknown.
2. If two or more defendants, plaintiff filed on the residence of one of the defendants, up to select the plaintiff.
3. However in the ad. 2 above, when the defendant there were 2 people, an indebted, and more penjaminnya, then a lawsuit should be at P. N a debtor.
4. If the place were living and dwelling places, unknown defendants, the lawsuit submitted to p. plaintiff's residence or N from one of the Plaintiffs.
5. in ad 4 lawsuit regarding the goods, may also be filed through P. N where the goods were located remains, it is different with the provisions of article 99 (8) RV and article 142 (5) RBg. In terms of final goods is concerned remains the plaintiff filed in p. N where the item is located.
6. If there is a selected place of residence with a deed, a lawsuit was filed in accordance with the deed, if the plaintiff wants to, he can file a Jolt in the residence of defendants.

Other exceptions for example that there is:
1. Article 9 BW, if Defendants are not accomplished, then the lawsuit filed in p. n. residence parents, guardians or Pengampu article 20, BW, If defendants of CIVIL lawsuit filed at P. N where he works or service. Section 22 of the workers ' lawsuit against BW, who lived at the home of the employer, then ask in the lawsuit where the employer resides.
2. Article 99 para 3 RV, bankruptcy Suit filed in p. n. declaring bankrupt the defendants.
3. Article 99 para 14 RV, Lawsuit Vrijwaring/Guarantee (Interference Lawsuit) in proposing in p. N who was checking the original lawsuit.
4. Article 38 paragraph 1 and 2 of REGULATION No. 9/1975: cancellation of marriage may be filed Lawsuit in Pengadilantempat during the wedding.
5. Article 20 paragraph 2 and 3 of Regulation No. 9/1975: divorce Lawsuit filed at P. N the residence of the plaintiff, if the defendants lived in wild country.




Article 17 BW:
-Any person deemed to have his residence where he put his club.
-In case of no place, then the dwelling reasonably regarded as a place of residence.

Article 118 para 1 HIR:
The civil suit, which is on the first level, the power P. N, should be included with the letter of request signed by the Penguggat or by his Deputy, according to the original {P 123, to the Chairman P. N in the Law who defendants housed silence or if unknown place of silence, his living quarters that matter.

Article 66 (2) of ACT No. 7/1989:
Filing for divorce-talaq submitted to the Court of the residence of the respondent, article 73 (1) of law No. 7/1989.

Article 73 (1) of law No. 7/1989:
-Divorce/Lawsuit for divorce the plaintiff submitted to the Court of the place of residence of the plaintiff, unless plaintiffs by deliberately leaving his residence permit together without the defendants.


III. SPECIAL POWER OF ATTORNEY
A. Power In General
1. Understanding Power in General.
Article 1792 KUH civil code as follows:
Granting power of Attorney is a written agreement by which an gave authority to the other one, who accepted it on his behalf, for and conducts an affair.
In the agreement the power there are two parties, namely:
-The giver of Power/Latsgever/instrucilon/mandate.
-The receiver Power/power of Attorney/mandate or command that is named

B. all kinds of power of Attorney
1. Public Authority governed by article 1795 BW, according to this article, the general power of Attorney empowers a aims to take care of the interests of the giver of the brush, that is:
-Action wealth management mandate.
-Maintaining it, covers everything related to the giver of power over the treasures of his wealth.
Thus the point-heavy power only includes public, act or the Act of maintaining the interests of the giver of power.

2. Special power of Attorney
Article 1796 BH arrange special power givers, then provisions granting special powers can be associated with the provision of article 157 HIR and article 184 RBg. If the provisions of these clauses strung together required some conditions must be met in order for the power of the legally valid as a power Law.
a. the limitative Nature.
b. an authentic deed must be shaped.

3. The power of intermediaries.
Article 62 and article 1792 BW KUHD known agent trading or Realtor, also known as a broker or trade representative.
4. Special power of Attorney (article 123 HIR & Article 147 RBg and SEMA No. 01/1971).
Article 123 HIR or article 147 RBg and SEMA No. 01/1971, set various things associated with the Special power of Attorney for example:
-Special power of attorney can be made under the hand or are authentic.
Special power of Attorney letters should mention the identity of the giver and receiver power.
-Must mention the number of case, if it appears.
-The Court where and where.
-About what and to what the power of Attorney is given.
-If there are rekonvensi in the power of Attorney must refer expressly.
-Must mention the subject and object.
-Must part to taste.
-Etc.


IV. THE LAWSUIT AND PETITION
A. Lawsuit Kontentiosa Civil Lawsuit//Lawsuit/Plaintiff.
1. Understanding
Kontentiosa is a lawsuit the civil suit containing diatara party litigants dispute the settlement checks given to the Court by the position of the parties:
-Asking the dispute referred to and acted as plaintiffs.
-While being pulled as the opposing side in a settlement called and serves as the defendants.
-Legal issues presented to the Court contains a dispute.
-Disputes occurred between the parties.
-Means the civil suit are party.

2. Form of lawsuit.
a. Oral Form (article 120 HIR/article RBg).
The terms of the formyl oral lawsuit: when the plaintiff can not read and menulisan.
Way of filing a lawsuit the oral:
-Submitted by oral
-To the head of the PN and
-Explain and describe the content and intent of the lawsuit.

The Function Of The Chairman Of The PN
-Chairman of the PN required to provide the service.
-The services must be given the Chair of PN.
-Record and told the plaintiffs submitted the lawsuit notes.
-To formulate the best possible lawsuit in written form as described by plaintiff.

In connection with this pperlu note PN Chairman MA about this ruling that affirmed the judge's task "is to the District Court for perfecting the text with the lawsuit way petitum equip it with, so as to achieve what actually does opeh the plaintiff.
b. form of writing.
The most prominent lawsuit is a lawsuit in written form. (Article 118 para 1, article 142 HIR RBg and entitled and authorized to make and file a civil suit is:
-The plaintiff itself (article 118 para 1 HIR)
-Power of Attorney/representative (article 123 para 1 HIR)

3. Formulation of Letter Lawsuit
a. addressed to the Chairman of the PN in accordance with relative kopetensi.
b. dated
c. signed by the plaintiff or power.
d. the identity of the parties.
-Full name.
-Address/place of residence
-The mention of another identity is not imperative.

e. address/residence.
Regarding the formulation of Posita lawsuit appears 2 theory are:

(1) Substcntierings Theory: evidence for dugagatan's not enough just to formulate legal events that formed the basis of the demands, but should also be described facts that preceded the legal events that become the cause of the onset of legal events.
(2) the Individualization Theory (individualisering theory): the event or occurrence of law expressed in the lawsuit, should clearly shows the relationship of the law that is the basis of the demands, but does not need to be pointed out basic and historical occurrence of legal relationship, for it may be submitted in the process of permeriksaan the next court hearing.

Fundamentum Petendi Elements/Posita Lawsuit:
(1) based on the fact a Posita.
(2) according to the law. Posita

f. Petitum Lawsuit: things that are requested in order to be decided by the judge.

Petitum form as follows:
(1) a single Form
Petitum which only menyantumkan beg justice or ex – acquo (please justice)
-Not qualified formyl and meteriil Petitum.
-Ak
8. changes to the lawsuit.
a. HIR not set, so the Judges could freely determine. As benchmark can be used provided that the alterations or additions shall be allowed provided that the interests of the plaintiff the plaintiff especially defendants do not get harmed.
b. MA in an award dated 6 March 1971 No. 209 K/SIP/1970 determines that a change in the requirement is not contrary to the principles of law in the civil code, as long as it doesn't change or deviate from the meteriil incident although no demands subsidair for a fair judiciary, especially in Indonesia, the Publisher of the jurisprudence I, II, III, IV. 1972 thing. 470 MA RI.
c. Change the lawsuit prohibited prohibited if based upon State Law implementation of an domohon the same rights as others. For example:
1. Originally requested compensation based on a revamped Barcelona, Barcelona based so that defendants be forced to fulfil his promise.
2. The original basis of the lawsuit of divorce was peryizinahan, later changed the basis of lawsuits into a rift that could not be repaired.
d. the plaintiff reserves the right to change or reduce the charge until such time as the matter is terminated, without be change or add a staple his suit (article 127 RV).
e. the jurisprudence No. 1043 K/SIP/1971, Change the letter of a lawsuit is possible origin did not result in changes of Posita and defendants are not harmed his due defensively.

B. The Lawsuit Rekonvensi
1. Understanding the lawsuit Rekonvensi.
Article 132 paragraph (1) only give a brief sense of HIR. The meaning of this clause is as follows:
-Rekonvensi is a suit filed the lawsuit as a defendant to counterclaim against the plaintiff filed suit on him, and
-More lawsuits Rekonvensi that, the defendants filed to PN, at a time when ongoing review process proposed lawsuit plaintiffs;
Example:
A sues B to hand over land he had purchased from B in accordance with the sale and purchase transaction made at CONVEYANCER. The lawsuit against Article paragraph (1) 032 HIR member rights to B filed a lawsuit against A rekonvensi to pay off the remaining payments plus interest in damages over Tort deeds he had done.

2. The composition of the parties connected with the lawsuit Rekonvensi.
Under normal circumstances, the composition of the parties in an ordinary lawsuit consists of:
-Pengugat as an initiative of the parties file a lawsuit.
-The defendants as parties drawn and in the holder as the person sued.
-Single derdiri only from the Lawsuit suit filed the plaintiff only.
-Therefore the basis and cornerstone of proceedings, in the Court of session entirely dotted the plaintiff lawsuit from decline.


a. composition of the lawsuit.
With the existence of the tort rekonvensi tort, composition became:
1. The lawsuit plaintiffs called the lawsuit a rekonvensi bermaksa as the indicated origin lawsuit plaintiffs to defendants.
2. The lawsuit defendants called rekonvensi meaning the lawsuit suit behind the intended defendants to the defendants.

b. composition of the parties.
In addition to appear and face each other a lawsuit the Convention and rekonvensi, immediately it raises the composition which put the parties in a position:
-Origin of the Plaintiff as the plaintiff's Convention at the same time domiciled Defendants being Rekonvensi against the Rekonvensi lawsuit.
-Origin of the Plaintiff as Defendants Rekonvensi at the same time serves as the Defendants.

c. Tort Rekonvensi Are Eksepsional.
1. General principle is: every lawsuit suit filed a person to another person, the individual has the separate and independent from the other lawsuits.
Article 121 (1) or article 1 of HIR Rv:
-Any lawsuit on the register and given the number comprised by the clerk in the book provided for it;
-Registration of case in the register book is done with careful and orderly lists all data lawsuit is concerned.
-The next Chairman of the PN or Presiding Council determines proceedings by way of calling the parties.

2. The lawsuit Rekonvensi throw over the provisions of article 121 (1) above, it can be seen from the provisions of article 132a HIR entitles defendants do komulasi Rekonvensi lawsuit with the suit of the Convention in the process of examination of the lawsuit that is running:
Rekonvensi-filed suit as the suit back upon the tort plaintiff, and
-Rekonvensi it dikomulasi Lawsuit Defendants with lawsuit plaintiff Convention.

d. the purpose of the lawsuit Rekonvensi.
-Uphold The Principle Of Judicial Modesty.
-Save the cost and time.

e. the terms Materially Lawsuit Rekonvensi.
1. The legislation does not regulate the terms materially.
There is no provision for any material terms, article 132a HIR contains only the assertion that:
-Defendants in each case shall be entitled to file a lawsuit Rekonvensi;
-Not required between the two must have a close relationship or a substantial connection.

2. Judicial Practice tended to be community connection
New Rekonvensi lawsuit was deemed legitimate and acceptable for diakumulasi with the Convention when fulfilled the terms:
-There is a docking between the relationship factor concerning the legal basis and the relevant occurrence between the lawsuit and the Rekonvensi Convention.
-It must be docking between Relationship very closely so that the settlement can be done effectively da; a, a process and a verdicts.

f. terms of Formyl Lawsuit Rekonvensi
1. Rekonvensi Lawsuit in the formulations expressly;
2. Who is considered to be withdrawn as defendants Rekonvensi limited to the plaintiff of the Convention:
-Senbagai the defendants can be drawn.
-Do not have to pull all the claimants of the Convention.
-Prohibited interesting sesame defendants Conventions become defendants Rekonvensi.
3. Rekonvensi Lawsuit filed along with the answers.
Chapter 132b HIR (1) reads: "the Defendant is obligated to file a lawsuit against along with answer it either by letter or by oral"
Towards the meaning of "answer" differences of opinion have taken place are:
a. compulsory Rekonvensi filed in the same crucible with the first answer.
-Allow or member kebabasan for defendants filed a Rekonvensi outside the first answer may cause harm to the plaintiff in mebela rights and its importance.
-In addition to allow defendants filed gugtan Rekonvensi beyond the first answer encompasses raises the lancaran examination and resolution of the matter.
-The ratio that the restriction contained in the submission must be in the first answer in order for the defendants was not arbitrary in applying its right to file a lawsuit Rekonvensi.

b. limits of the filing of the lawsuit until Rekonvensi tahab proof.
This is in line with the ruling of MA No. 239 K/SIP/1968, according to the ruling of the Rekonvensi lawsuit may be filed during the process answer answer lasted. Because Section 132b (1) and article 158 RBg, mentions only the answers, sendangkan replik, duplik is also the answer though not the first answer, so did the ruling of MA No. 642 K/SIP/1972, that upon the filing of a lawsuit rekonvensi still open until he enters the stage of the process of examination of witnesses, the discussion that was agreed upon by Prof. Soedikno Martokusumo. That is when the vetting process has entered the stage of proof defendants are not allowed to file a lawsuit rekonvensi.

g. Prohibition of Intervention filed suit.
1. Prohibition of Rekonvensi filed a lawsuit to the people who act on the basis of a quality (section 132a (1) HIR.
2. Prohibition of Rekonvensi filed a lawsuit outside the jurisdiction of the PN examining things. Article 118 (1) and (3) HIR.
3. The ban filed a lawsuit against the Rekonvensi exsekusi section 132a (1) 3rd HIR and article 379Rv.
4. Prohibition of Rekonvensi filed a lawsuit on appeal Article 132a (2) HIR and decision No. 1250 MA K/Pdt/1986.
5. Restrictions on the level of Rekonvensi filed a cassation Verdict MA No. 209 K/SIP/1970.

C. Intervention Suit
The process of with three party/third party people that participate in a process (article 279-282 Rv)
1. Voeging.
If third parties that want to defend or compress yourself into one of the parties that are litigants.
2. Tussenkomst
If a third party that does not favor one party, but rather to defend its own interests against the plaintiffs and defendants.
3. Vrijwaring.
The withdrawal of third parties in a process to bear, so that defendants can be free from prosecution.


How To File A Lawsuit Of Intervention:
1. Apply to the Tribunal in order to be allowed to interfere with that process and expressed wish to join themselves to one party (voging) (Retno Wulan, sh. p. 48).
2. the applicant Party then dipersidangan interventions come with oral or writing posited his will to intervene the case as third parties. (Subekti, sh. p. 71)
3. A lawsuit presented to the intervention of a third party to the head of the Court by a party against the spring fell out/opt in to one of the parties by appointing No., date of the ordinary lawsuits like countered without paying fees and not given a new number (Mukti meanings. The thing. 109)

D. Class Action Suit/Lawsuit.
Perma No. 1/2002 on april 26, 2006.
1. The sense of Class Action
-An Ordinance of filing the lawsuit conducted one or more persons.
The Act represents a group (CR) for yourself and at the same time representing members of the Group (class members).
-Between the group representing the group represented have in common the fact and the legal basis.
Article 1 letter a PERMA No. 1/2002.

2. Purpose of the GPK/CA/RA.
-Develop a simplification of community access justice.
-Streamline the efficiency of settlement of violations of the law to the detriment of the people.

3. The terms of the Formyl CA/RA
a. There is kelompom (Class)
Ø group representation. (Class Action).
Ø group members (class members)
b. similarity of fact or legal basis.
c. in common types of demands.

4. The concept of the rights of different NGOS with the Lawsuit Class Action
a. the concept of CA based on commanality.
The main runway is the basic concept of the CA or the terms of commonality that is the principle of equality with respect to the facts and the basis of law and in common law claims. Or customarily also referred in common interests (the same interest) commonality of suffering (same grievence) and sam goals in common purpose).
In order to make the basic similarities (mononality) can be upheld, necessary factor-factor which became a foundation called the elements of the CA.
5. Formulation of the CA lawsuit
a. General requirements based on the provisions of HIR and RBG.
-Include and address the lawsuit based on relative kopetensi (relative yudiksi) in accordance with the system and benchmarks outlined by article 118 HIR.
Lists the date on the lawsuit

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