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All Journal LEGAL BRIEF The Digest: Journal of Jurisprudence and legisprudence
Christy, Maria Acynta
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Law, Crime, Criminology & Criminal Justice

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Inaccuracy of the State Attorney in Drafting a Lawsuit that Causes a Non-Executable Judgement: Case Study in Civil Case No. 06/Pdt. G/2015/PN.Bbs Puspita, Natalia Diah Ayu; Christy, Maria Acynta
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.3339

Abstract

Verdict Number: 06/Pdt.G/2015/PN.G/2015/PN.Bbs cannot be executed, even though it has become inkracht (final and binding). This situation contradicts the indicators of law enforcement assessment, which state that civil courts should not face unreasonable delays, must enforce decisions effectively, and must uphold the objectives of achieving justice, expediency, and legal certainty. This research examines the plaintiff's errors in preparing the lawsuit, which led to the non-executable verdict, and explores how to properly draft a lawsuit to ensure its execution. This study is normative legal research, where the research materials are analyzed qualitatively and presented descriptively. The findings of this research reveal that several mistakes made by the plaintiff contributed to the verdict’s non-execution. These errors include the plaintiff’s failure to include non-punitive claims and to attach a request in the lawsuit. The plaintiff also did not provide the title deed for the disputed land, and the positum and petitum were drafted asynchronously, with the claim for compensation mixed with the request for dowry. It is essential for the plaintiff to be meticulous when drafting the petitum, as any errors in this stage can impact the judge’s decision. The lawsuit must be prepared thoroughly and specifically, stating the legal grounds and structuring the petitum in accordance with these grounds and the factual circumstances. Additionally, the plaintiff should avoid combining compensation claims with requests for dwangsom (penal sanctions) in the same petitum.
Digital Mindset In Civil Case Settlement Through Electronic Court (E-Court) In The Era Of Digital Transformation Christy, Maria Acynta
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.845

Abstract

This study examines the importance of a digital mindset in responding to the challenges of digital transformation in resolving civil cases through E-Court. This study uses normative legal research methods. The results show that law enforcement officers must have digital knowledge, skills, and attitudes to answer the challenges of digital transformation in law enforcement, especially in handling civil cases through E-court. In contrast, the Supreme Court, as the State Judiciary Institution of the Republic of Indonesia, and the Organization of Advocates, as a Professional Organization authorized by law to carry out law enforcement functions, must have a structure, process, climate, or culture that supports digital transformation, as well as the perception that digital technology is a pillar of the organization's strategy. Organizational leaders need to have the characteristics of a digital mindset: have a high curiosity about digital technology, are up-to-date with new technologies, can utilize and use digital technology in every activity, and are willing to accept the challenges presented by digital technology
Co-Authors Puspita, Natalia Diah Ayu