PUTUSAN SELA DALAM PERKARA GUGATAN PERDATA TENTANG MASUKNYA PIHAK KETIGA TANPA PERMOHONAN INTERVENSI

This paper aims to know and describe how the Legal Considerations of the Panel of Judges in Interim Decisions regarding the entry of third parties without a Request for Intervention in civil lawsuit cases are related to the procedural law regarding the procedure for the entry of third parties as tussenkomest intervention plaintiffs, so as to provide an explanation of procedural law regarding the procedure for the entry of third parties as plaintiffs, intervention and the authority of judges in making legal considerations as the basis for interlocutory decisions. This research uses a statutory approach or statute approach, secondary data is analyzed qualitatively, and conclusions are drawn using deductive logic. The entry of a third party in a civil lawsuit case that is independent in nature to defend its rights called tussenkomest intervention, must follow the correct procedure in accordance with the provisions of the civil procedure law, as well as the judge in making a decision must be based on the facts contained in the trial, The judge shall also be subject to and constrained by the provisions or procedural law, to the extent that such procedural law governs it. In civil cases, procedural law aims to create legal order in the process of all stages of the trial and to create legal certainty, An interlocutory judgment granting something not requested is unlawful and a violation of the ultra petita principle.Keywords: Injunctive Relief, Intervention, Petition, procedural law.

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Publication Details

Journal
Ensiklopedia Education Review
Published
2024-08-10
DOI
https://doi.org/10.33559/eer.v6i1.2567
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

PUTUSAN SELA DALAM PERKARA GUGATAN PERDATA TENTANG MASUKNYA PIHAK KETIGA TANPA PERMOHONAN INTERVENSI

Ali Mukni, Elfrida Ratnawati Gultom
Ensiklopedia Education Review
Indonesian Legal and Regulatory Studies
article

PUTUSAN SELA DALAM PERKARA GUGATAN PERDATA TENTANG MASUKNYA PIHAK KETIGA TANPA PERMOHONAN INTERVENSI

Ali Mukni, Elfrida Ratnawati Gultom
article en

Abstract

This paper aims to know and describe how the Legal Considerations of the Panel of Judges in Interim Decisions regarding the entry of third parties without a Request for Intervention in civil lawsuit cases are related to the procedural law regarding the procedure for the entry of third parties as tussenkomest intervention plaintiffs, so as to provide an explanation of procedural law regarding the procedure for the entry of third parties as plaintiffs, intervention and the authority of judges in making legal considerations as the basis for interlocutory decisions. This research uses a statutory approach or statute approach, secondary data is analyzed qualitatively, and conclusions are drawn using deductive logic. The entry of a third party in a civil lawsuit case that is independent in nature to defend its rights called tussenkomest intervention, must follow the correct procedure in accordance with the provisions of the civil procedure law, as well as the judge in making a decision must be based on the facts contained in the trial, The judge shall also be subject to and constrained by the provisions or procedural law, to the extent that such procedural law governs it. In civil cases, procedural law aims to create legal order in the process of all stages of the trial and to create legal certainty, An interlocutory judgment granting something not requested is unlawful and a violation of the ultra petita principle.Keywords: Injunctive Relief, Intervention, Petition, procedural law.

Ensiklopedia Education ReviewVol. 6(2)
Universitas Trisakti (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
Indonesian Legal and Regulatory Studies
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