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Title: | Tujuan Yuridis Kompetensi Absolut Pengadilan Sebagai Faktor Penyebab Tidak Dapat Diterimanya Gugatan (Studi Kasus Putusan No 150/PDT.G/2016/PN LBP |
Authors: | Raja Guk-Guk, Dejan Gumelar |
metadata.dc.contributor.advisor: | Barus, Utary Maharany Muazzul |
Keywords: | competence;absolute;court;kompetensi;absolut;pengadilan |
Issue Date: | 27-Mar-2019 |
Publisher: | Universitas Medan Area |
Series/Report no.: | NPM;148400039 |
Abstract: | Every party who wishes to file a lawsuit must obtain sufficient legal interest. To overcome the shortcomings raised by welfare seekers in fighting for their interests, Article 119 HIR / Article 143 The RBG authorizes the Chair of the District Court (PN) to advise and assist the plaintiff in filing the claim. Thereby preventing the submission of formally defective claims or imperfect claims, which will be declared unacceptable. The objectives of this study are as follows: To find out about legal provisions related to the absolute competence of the court. To find out what factors cause unacceptable litigation claims No.150 / PDT.G / 2016 / PN LBP. To find out about the laws that apply to those who have disputes related to the lawsuit that have not been accepted because of absolute competence in the court. From a legal perspective related to the absolute competence of the court, it is possible, the District Court, Lubuk Pakam, in this case to resolve inheritance disputes which in fact become the Absolute Competence of the Religious Courts, so that it can influence research on cases sought and questioned by Judges. Furthermore, in the Arbitration award placing the final arbitral award and having permanent legal force that binds the parties. Then the Lubuk Pakam District Court must refuse and will not mix hands in the agreement that has been determined by arbitration, after the decision of the arbitration award there is nothing that can replace other laws that can be requested by the losing party and the winning party needs to be executed. In terms of legal protection that exists on the basis of the lawsuit related to not being accepted in the lawsuit because the absolute authority in the court regarding legal protection related to the related parties is forwarded a lawsuit related to absolute competence in court both receive legal protection |
Description: | Every party who wishes to file a lawsuit must obtain sufficient legal interest. To overcome the shortcomings raised by welfare seekers in fighting for their interests, Article 119 HIR / Article 143 The RBG authorizes the Chair of the District Court (PN) to advise and assist the plaintiff in filing the claim. Thereby preventing the submission of formally defective claims or imperfect claims, which will be declared unacceptable. The objectives of this study are as follows: To find out about legal provisions related to the absolute competence of the court. To find out what factors cause unacceptable litigation claims No.150 / PDT.G / 2016 / PN LBP. To find out about the laws that apply to those who have disputes related to the lawsuit that have not been accepted because of absolute competence in the court. From a legal perspective related to the absolute competence of the court, it is possible, the District Court, Lubuk Pakam, in this case to resolve inheritance disputes which in fact become the Absolute Competence of the Religious Courts, so that it can influence research on cases sought and questioned by Judges. Furthermore, in the Arbitration award placing the final arbitral award and having permanent legal force that binds the parties. Then the Lubuk Pakam District Court must refuse and will not mix hands in the agreement that has been determined by arbitration, after the decision of the arbitration award there is nothing that can replace other laws that can be requested by the losing party and the winning party needs to be executed. In terms of legal protection that exists on the basis of the lawsuit related to not being accepted in the lawsuit because the absolute authority in the court regarding legal protection related to the related parties is forwarded a lawsuit related to absolute competence in court both receive legal protection. |
URI: | https://repositori.uma.ac.id/handle/123456789/10723 |
Appears in Collections: | SP - Civil Law |
Files in This Item:
File | Description | Size | Format | |
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148400039 - Dejan Gumelar Rajagukguk - Fulltext.pdf | fulltext | 671.84 kB | Adobe PDF | View/Open |
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