Tinjauan Yuridis Pencabutan Gugatan dan Akibat Hukum pada Sengketa Keperdataan (Studi Kasus Penetapan No. 628/Pdt.G/2017/PN.Mdn)

Abstract

The cessation of a civil proceeding may also be unilaterally committed by the plaintiff by revoking a lawsuit which he has filed with the court, prior to the proceeding of the proceeding on the subject matter, such as acceptance answers from the defendant, the new trial process up to the calling process of the parties both the plaintiff and the defendant. This is what happened in the case No. 628 / Pdt.G / 2017 / PN.Medan, where the plaintiffs are Legiyah, Women, Age 54 years old, Indonesian Citizenship, Islam, Occupation Occupation, live on Jln. Teratai Dusun VIII, Angsana Bandar Khalipah Village, Percut Sei Tuanerawan Sub district, Serdang District, Has revoked civil cases registered in the District Court with No. 628 / Pdt.G / 2017 / PN.Medan. The problem in this research is how the factors causing the revocation of lawsuit in civil dispute, What are the formal requirements and procedures according to civil procedure law regarding the revocation of the civil suit in court, how the judges consideration and the legal effect of the revocation of lawsuit in the case of 628 / Pdt.G / 2017 / PN.Medan. The method for research of this thesis is Normative Research, analysis technic research is library research and, take qualitative analytics research is to drawing and explored the problem and than give analytics. Result for researching is The proceedings of the lawsuit occurred because of several factors such as, there had been peace between the parties both inside and outside the court, the plaintiff felt that his lawsuit could not be won, and the formal requirements of the lawsuit could not be fulfilled by the plaintiff and the claim had been fulfilled by the defendant; The formal requirement in the dismissal of the lawsuit is Before the defendant submits an answer, the lawsuit may be revoked without the defendant's consent. If the defendant has filed a suit, the suit may be revoked by the defendant's permission. The judge's consideration in the above case is in accordance with the facts in the hearing that according to the minutes of the hearing, when the Plaintiff filed a petition for the revocation of the a quo proceeding, the Defendant's proceedings have not yet reached the response / answer, so that the legal judicial does not require the consent of the parties Defendant (vide article 271 Jo Article 272 Registration op de voordering RV).