Mochammad Dja’is
Faculty of Law, Diponegoro University

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Journal : Diponegoro Law Review

DECISION ON THE CIVIL EXCEPTION DEVIATES FROM ARTICLE 136 HIR (ANALYSIS OF THE DECISION OF PN SEMARANG NUMBER: 73/Pdt.G/2010/PN.SMG) Mochammad Dja’is
Diponegoro Law Review Vol 2, No 2 (2017): Diponegoro Law Review October 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.184 KB) | DOI: 10.14710/dilrev.2.2.2017.43-55

Abstract

Exceptions should be examined and decided along with the subject matter (Article 136 HIR). The Semarang District Court (PN Semarang) has cut a separate exception from the principal issue of the case. The purpose of the study to know whether exactly the decision of PN Semarang. Data were obtained through literature study and participant observation. Based on the qualitative analysis known, the decision of the exception separated from the principal case by PN Semarang is appropriate. The makers of the National Civil Law Procedure should determine, the decision of the exception is left to the judge's discretion.