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All Journal Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Jurnal Pengabdian Al-Ikhlas Banua Law Review Interdisciplinary Explorations in Research Journal (IERJ) INJURLENS Open Access DRIVERset
Nahdhah Nahdhah, Nahdhah
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Religion Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Principle of Nebis In Idem in Settlement of Civil Cases in Indonesia Nahdhah, Nahdhah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.39

Abstract

The principle of Nebis in Idem in its application in Indonesia is a fundamental principle because it is related to the requirements of a case claim which this principle can determine whether or not a case may be tried. The mutual lawsuit that was carried out between MS GLOW and PS GLOW is fascinating because there are allegations of filing the same case. The method used in this research is normative research with a case approach based on Medan and Surabaya court decisions. The results of this study are the application of the Nebis In Idem Principle in Indonesia, especially in the MS Glow and PS Glow; in this case, the Medan Commercial Court has yet to decide on the same case. Therefore, the principle of nebis in idem did not apply in this case when it was taken to the Surabaya Commercial Court because the elements in the demands of Article 1917 of the Civil Code were not fulfilled. The legal consequence of the Nebis in Idem principle's enactment is that cases included in these conditions cannot be reclaimed, and these conditions apply cumulatively.
Unraveling the ambiguity of the commonality element in Indonesian class action litigation Susilo, Erwin; Nahdhah, Nahdhah; Negara , Dharma Setiawan
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.151

Abstract

The meaning of commonality in Class Action (CA) lawsuits in Indonesia, which remains abstractly formulated, leaves room for judges to interpret it differently, potentially leading to "disparities in rulings and legal uncertainty." This research aims to compare the regulation of CA in Indonesia and the United States, specifically regarding the concept of commonality, and to formulate a more concrete and applicable concept for the Indonesian legal system. The normative legal research used in this study employs a legislative and comparative law approach. Based on the study, this research found that in the United States, commonality has developed more clearly through jurisprudence by emphasizing a single core issue (common contention) and the dominance of a shared issue (predominance), unlike Indonesia, which still lacks a definite standard. From this condition, this research takes a firm position that commonality should not be merely interpreted as a general similarity, but rather as a unity of substantive issues that can be proven and resolved collectively in a single decision. On this basis, it is necessary to formulate a norm that is "concrete, measurable, and operational" so that the CA mechanism can truly provide legal certainty.
Co-Authors Ambarsari, Ningrum Fitri, Muhammad Syahrial Hanafi Hanafi Munajah, Munajah Negara , Dharma Setiawan Riswandie, Iwan Septarina, Muthia Susilo, Erwin Yati Nurhayati