Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh
), Merry Tjoanda(2), Pieter Radjawane(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit.
Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court
Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.
Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable.Keywords
DOI
10.47268/tatohi.v3i4.1793
Published
2023-10-08
How To Cite
@article{TATOHI1793,
author = {Kristin Atihuta and Merry Tjoanda and Pieter Radjawane},
title = {Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {3},
number = {4},
year = {2023},
keywords = {Lawsuit; Land Rights Dispute; Judges Consideration},
abstract = {Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit. Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable.},
issn = {2775-619X}, pages = {329--338} doi = {10.47268/tatohi.v3i4.1793},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1793}
}
Triwulan Tutik, Hukum Perdata Dalam Sistem Hukum Nasional, Kharisma putra utama, Jakarta, 2008.
Adonia Ivonne Laturette, Penyelesaian Sengketa Hak Atas Tanah, Jurnal Sasi Vol.22 No.2 Bulan Juli - Desember 2016.
Syahrani, Riduan, Materi Dasar Hukum Acara Perdata: Citra Aditya Bakti, Bandung, 2004.
M. Yahya Harahap, Hukum Acara Perdata (Gugatan, Persidangan, Penyitaan, Pembuktian, danPutusanPengadilan), Jakarta: Sinar Grafika, 2008.
Rusmadi Murad, “Penyelesaian Sengketa Hukum Atas Tanah” Bandung: Alumni, 1999.
Ronald Saija, Hukum Acara Perdata Indonesia, Penerbit Deepublish, Yogyakarta, 2017.
Barzah Latupono, Hukum Acara Perdata, Jakarta, Penerbit: Widina, 2021.
M. Yahya Harahap, Hukum Acara Perdata: tentang Gugatan, Persidangan, Penyitaan, Pembuktian, dan Putusan Pengadilan, Sinar Grafika, Jakarta, 2016.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh |
| 2. | Creator | Author's name, affiliation, country | Kristin Atihuta; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Merry Tjoanda; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Pieter Radjawane; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Lawsuit; Land Rights Dispute; Judges Consideration |
| 4. | Description | Abstract | Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit. Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable. |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2023-10-08 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1793 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v3i4.1793 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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