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All Journal Sinov : Media Informasi Penelitian Kabupaten Semarang
Feby Oktavia br Tarigan
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Analisis Yuridis Gugatan Wanprestasi Yang Tidak Dapat Diterima “Niet Onvantkelijke Verklaard” (Studi Kasus Nomor 79/Pdt.G/2023/PN Mdn) Feby Oktavia br Tarigan; Sarah Sabina; Anna Maudina Manurung; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu
Media Informasi Penelitian Kabupaten Semarang Vol. 5 No. 2 (2023): Desember: Media Informasi Penelitian Kabupaten Semarang
Publisher : Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/sinov.v5i2.679

Abstract

A lawsuit is a civil claim regarding rights involving a dispute with another person. A lawsuit whose formulation does not meet the requirements or has formal defects so that the subject matter of the case is not examined results in the lawsuit not being accepted (niet ontvankalijeke verklaad). As in the Medan District Court decision Number 79/Pdt.G/2023/PN Mdn, it was stated that the lawsuit could not be accepted. This case study research aims to find out mistakes that might be made in filing a civil lawsuit and understand why the lawsuit was rejected in case Number 79/Pdt.G/2023/PN Mdn. This research was conducted using a normative juridical problem approach. Using primary, secondary and tertiary legal materials with library data collection techniques which are then analyzed using qualitative techniques. The results of this research show that a lawsuit filed in court must meet the formal requirements as regulated in article 118 HIR or article 142 RBG. In the decision in case Number 79/Pdt.G/2023/PN Mdn with the claim for breach of contract it was declared inadmissible because the plaintiff's claim was vague and unclear (obscuur libel). Vagueness and lack of clarity in the plaintiff's claim, which in the main case concerns breach of contract. and the plaintiff in the main case of breach of contract, whether in the posita or petitum of the plaintiff's lawsuit, does not specify any obligations that the defendant has not carried out to the plaintiff, including the number and date of the invoice for which the defendant has not yet fulfilled and paid the plaintiff, punishing the Plaintiff in the Convention/Defendant in the Reconvention to pay court costs which to date amount to Rp. 1,291,500.00 (one million two hundred ninety-one thousand five hundred rupiah).
Co-Authors Anna Maudina Manurung Dewi Pika Lbn Batu Parlaungan Gabriel Siahaan Sarah Sabina