Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) dalam Gugatan Cerai Gugat di Pengadilan Agama Badung

Abstract

In the course of the household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a lawsuit divorce case in decision number 0063 / Pdt.G / 2017 / PA.Bdg and to find out that the judge's consideration in deciding a lawsuit cannot be accepted in a divorce suit in decision number 0063 / Pdt.G / 2017 / PA.Bdg. This study uses a normative legal research method with a case approach. The results of the study show that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation it states that divorce can be carried out if it is in accordance with predetermined reasons. An unacceptable decision (NO) is a decision stating that a lawsuit cannot be accepted, because of formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are invalid power of attorney, lawsuit filed by parties who have no legal interest, in person error suit, lawsuit beyond competence, lawsuit against libel, premature lawsuit and lawsuit expired. Libel's lawsuit is vague or unclear and the cause of obscuur libel's lawsuit in this case is an incomplete petitum, therefore the lawsuit cannot be accepted

The existence of judgeʼs authority norm in preliminary review as an embodiment of the principle of immediate procedures in civil procedure law

“…Judgeʼs authority in formal examination in the scope of State Administrative Court and Constitutional Court. The formal requirements as stipulated in the civil procedural law provide a reason for the defendant to submit an exception against the lawsuit submitted by the plaintiff to be declared inadmissible by the panel of judges (Putra et al, 2020). It is necessary to find new laws to reform the civil justice bureaucracy in Indonesia.…”

Untitled

“…Judgeʼs authority in formal examination in the scope of State Administrative Court and Constitutional Court. The formal requirements as stipulated in the civil procedural law provide a reason for the defendant to submit an exception against the lawsuit submitted by the plaintiff to be declared inadmissible by the panel of judges (Putra et al, 2020). It is necessary to find new laws to reform the civil justice bureaucracy in Indonesia.…”

Nilai Keadilan Sebagai Landasan Putusan Sengketa Wanprestasi: Studi Putusan Nomor 5/Ptd.Sus-BPSK/2017/PN.Lmj

“…Para pihak dapat mengajukan eksepsi kompetensi absolute jika gugatan atau permohonan diajukan bukan kepada lembaga yang berwenang. Atas dasar permohonan tersebut, pengadilan dapat memberikan putusan bahwa perkara tidak dapat diterima atau niet ontvankelijke verklaard (Cutriyah, 2013;Mantili & Lubis, 2017;Pedju, 2017;Putra et al, 2020;Wicaksono et al, 2020;Zaman, 2019) Perjanjian tersebut harus berbentuk akta tertulis (Harahap, 2017, p. 200). Pertama, dapat dituangkan langsung dalam klausul perjanjian pokok.…”