Jurnal Konstruksi Hukum
Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum

Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) dalam Gugatan Cerai Gugat di Pengadilan Agama Badung

I Gusti Agung Ketut Bagus Wira Adi Putra (Unknown)
Ida Ayu Putu Widiati (Univesitas Warmadewa)
Ni Made Puspasutari uj (Univesitas Warmadewa)



Article Info

Publish Date
28 Oct 2020

Abstract

In the course of the household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a lawsuit divorce case in decision number 0063 / Pdt.G / 2017 / PA.Bdg and to find out that the judge's consideration in deciding a lawsuit cannot be accepted in a divorce suit in decision number 0063 / Pdt.G / 2017 / PA.Bdg. This study uses a normative legal research method with a case approach. The results of the study show that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation it states that divorce can be carried out if it is in accordance with predetermined reasons. An unacceptable decision (NO) is a decision stating that a lawsuit cannot be accepted, because of formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are invalid power of attorney, lawsuit filed by parties who have no legal interest, in person error suit, lawsuit beyond competence, lawsuit against libel, premature lawsuit and lawsuit expired. Libel's lawsuit is vague or unclear and the cause of obscuur libel's lawsuit in this case is an incomplete petitum, therefore the lawsuit cannot be accepted

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Journal Info

Abbrev

jukonhum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Konstruksi Hukum is a law of student journal articles for Law Science published by Warmadewa University Press. Jurnal Konstruksi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published ...