Tinjauan Yuridis Eksepsi Obscuur Libel Sebagai Dasar Niet Ontvankelijk Verklaard Gugatan Wanprestasi (studi Putusan Nomor: 286/pdt.g/2022/pn. Pbr)

Ariatama, Ichbal (2024) Tinjauan Yuridis Eksepsi Obscuur Libel Sebagai Dasar Niet Ontvankelijk Verklaard Gugatan Wanprestasi (studi Putusan Nomor: 286/pdt.g/2022/pn. Pbr). Other thesis, Universitas Islam Riau.

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Abstract

The judge has the authority to dismiss a lawsuit prepared by the plaintiff if it is deemed unclear (obscuur libel). This is regulated by the jurisprudence of the Supreme Court of Indonesia (MA) Number 556/K/Sip/1973 dated August 21, 1974, which states: "If the object of the lawsuit is unclear, then the lawsuit cannot be accepted." In the case under study, which concerns a breach of contract lawsuit filed with the Pekanbaru District Court with the lawsuit letter dated October 6, 2022, it was received and registered at the Pekanbaru District Court Registry on October 13, 2022, under Register Number 286/Pdt.G/2022/PN Pbr, the plaintiff's lawsuit was qualified as unclear and ambiguous (exceptie obscuur libel), which under the law must be declared inadmissible (niet onvankelijk verklard), and therefore the defendant's objection was upheld. This study examines the exception of obscuur libel, which has a significant impact on the acceptance of breach of contract lawsuits. It will investigate how procedural aspects can influence the substance of the case and justice in court decisions. The core issue is further divided into several sub-issues or research questions: 1) How did the Panel of Judges consider Case Number 286/Pdt.G/2022/PN Pbr? 2) What are the juridical implications of the Decision to Declare the Plaintiff's Lawsuit Inadmissible due to its ambiguity under national civil procedural law? This research is normative legal research. Therefore, it utilizes secondary data sources consisting of primary, secondary, and tertiary legal materials. The study also employs qualitative data analysis to produce descriptive data. Conclusion of this research findings indicate that: First, in Case Number 286/Pdt.G/2022/PN Pbr, the Panel of Judges assessed that the Plaintiff had mixed its claims between the cooperative venture yielding results and a number of debts that became the responsibility of the Defendant due to insufficient payment to the financing institution. Therefore, it cannot be legally determined the rights and obligations of the Plaintiff and Defendant in the cooperative venture or their joint responsibility to the financing institution. Consequently, the Plaintiff's lawsuit was categorized as unclear and ambiguous (exceptie obscuur libel), which legally must be declared inadmissible (niet onvankelijk verklard), and the Defendant's Exception was granted. Second, the juridical implications of an N.O. decision in civil procedural law are that the lawsuit filed by the plaintiff is deemed inadmissible. This means that the plaintiff did not meet the necessary requirements to validly file a lawsuit according to civil procedural law. The consequence of this decision is the cessation of the judicial process without any substantive ruling on the case made by the court.

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