Amalia Rici
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Rekonstruksi Mekanisme Pemeriksaan Eksepsi Ne Bis In Idem dalam Perkara Perdata untuk Mewujudkan Asas Peradilan Sederhana, Cepat, dan Biaya Ringan Amalia Rici
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 3 (2026): September: Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i3.6702

Abstract

The ne bis in idem principle in civil law serves to prevent the repeated examination of disputes that have already received a final and binding judgment. However, in the practice of civil litigation in Indonesia, the examination of ne bis in idem exceptions is often conducted concurrently with the examination of the merits of the case, so that cases that are ultimately declared inadmissible must still go through all stages of the trial. This situation raises issues of efficiency and potentially conflicts with the principles of simple, speedy, and cost-effective justice. This study aims to analyze the procedural issues surrounding the examination of the ne bis in idem exception in civil cases and to formulate an ideal concept for its handling as a form of reform in civil procedural law. This study employs a normative legal research method using a statutory approach, a case-based approach, and a conceptual approach. Legal materials were obtained through a literature review of legislation, court decisions, legal literature, and relevant research findings, which were then analyzed qualitatively and prescriptively. The results of this study indicate that the absence of a clear mechanism for preliminary review of the ne bis in idem defense has led to cases that have clearly already been decided being heard through the final stages of trial, thereby reducing judicial efficiency and increasing litigation costs. This study proposes a reconstruction of a document-based preliminary examination mechanism for the ne bis in idem exception, which allows judges to conduct verification early on before proceeding to the substantive examination of the case. This model has the potential to strengthen the implementation of the principles of simple, expeditious, and low-cost justice, as well as to enhance legal certainty in the resolution of civil cases.