The repository administrator has not yet configured an RDF license.
ANALISIS YURIDIS KEABSAHAN PENGAJUAN EKSEPSI TERHADAP GUGATAN SEDERHANA (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 13/PDT. G.S/2021/PN DPS)
Civil law, as a branch of private law, governs legal relationships between legal subjects in daily life, particularly concerning rights and obligations in civil matters. To enforce and protect these rights, a dispute resolution mechanism is required, which is regulated under civil procedural law. Civil procedural law functions as a formal instrument that ensures the implementation of substantive law, namely civil law itself. A small claims lawsuit (gugatan sederhana) represents a simplified litigation process designed to provide faster, simpler, and low-cost access to justice, particularly for civil disputes involving limited claim values and legally non-complex issues. There is a strong correlation between the substance of civil law, its procedural enforcement through civil procedural law, and its practical implementation. In small claims procedures, the legal basis stipulates that exceptions (eksepsi), interlocutory claims (provisi), counterclaims (rekonvensi), replies (replik), rejoinders (duplik), and closing arguments (kesimpulan) are not permitted. However, in Decision Number 13/Pdt.G.S/2021/PN Dps, the defendant submitted an exception which was granted by the presiding judge. This raises a critical question for the author to examine the validity of submitting exceptions in small claims lawsuits, as well as the underlying motives for the judge’s acceptance of the defendant’s exception. The analysis is grounded in the applicable laws, including Supreme Court Regulation Number 4 of 2019 in conjunction with Supreme Court Regulation Number 2 of 2015. This research employs a normative legal method with a focus on library research. The data used are secondary data obtained through the review of books, journals, and other legal materials. All data were analyzed qualitatively using a normative approach to understand and interpret the legal provisions related to exceptions in small claims procedures. The results of this study conclude, first, that the submission of an exception in the small claims case in Decision Number 13/Pdt.G.S/2021/PN Dps is invalid, as the invalidity of the defendant's exception is regulated under Article 17 of Supreme Court Regulation Number 2 of 2015. Second, the impact of the acceptance of the defendant’s exception on the legal certainty theory in small claims procedures relates to one of the four principles proposed by Gustav Radbruch—namely, that the facts stipulated in the law must be formulated clearly to prevent errors in interpretation.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040138 Mochammad Rifqi Maulana
ANALISIS YURIDIS KEABSAHAN PENGAJUAN EKSEPSI TERHADAP GUGATAN SEDERHANA (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 13/PDT. G.S/2021/PN DPS) (Text)
ANALISIS YURIDIS KEABSAHAN PENGAJUAN EKSEPSI TERHADAP GUGATAN SEDERHANA (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 13/PDT. G.S/2021/PN DPS) (Other)
HTML Summary of #71890 ANALISIS YURIDIS KEABSAHAN PENGAJUAN EKSEPSI TERHADAP GUGATAN SEDERHANA (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 13/PDT. G.S/2021/PN DPS)