by Dharma Na Gara

Hukum Perdata-Civil LawOctober 12, 20233 comments 0 Likes

Formulation of a lawsuit

Formulation of a lawsuit.

In this article, only the main things are discussed.

What is meant by formulation of a lawsuit is the formulation of a lawsuit which is deemed to fulfill the formal requirements according to the applicable legal provisions and statutory regulations.

1. Addressed to the District Court in accordance with Relative Competency

The letter of claim must formally be addressed to the District Court in accordance with it’s relative competence. It must be firmly and clearly written the addressed District Court, in accordance with the relative competency benchmarks regulated in Article 118 HIR. If the claim letter has the wrong address or does not correspond to relative competence:

• Resulting in the lawsuit containing formal defects, because the lawsuit is submitted and addressed to the District Court which is outside the jurisdiction which has the authority to examine and try it;
• Thus, the lawsuit is declared inadmissible (niet onvankelijke verklaard) on the grounds that the judge does not have the authority to try.

2. Dated
3. Signed by the Plaintiff or Attorney
4. Identity of the parties. To Mention the identity in the lawsuit is a formal requirement for the validity of the lawsuit. A lawsuit that does not mention the identity of the parties, moreover does not mentioning the identity of the defendant, will cause the lawsuit to be invalid and it will be deemed not exist. The main purpose of including identity is so that summons and notifications can be delivered. The identity that must be mentioned simply includes full name, address or place of residence. Mentioning other identities is not mandatory.

5. Fundamentum Petendi

Means the basis of the lawsuit or the basis for the claim (grondslag van de lis). Elements of the fundamentum petendi:

1) Legal Basis (Rechtelijke Grond)

Contains confirmation or explanation of the legal relationship between:

• The plaintiff with the disputed material and/or object, and
• Between the plaintiff and the defendant regarding the material or object of the dispute.

2)Basic Facts (Feitelijke Grond)

Contains explanatory statements regarding:

• Facts or events that are directly related to or around the legal relationship that occurred between the plaintiff and the material or object of the case or with the defendant.
• Or an explanation of facts that are directly related to the legal basis or legal relationship argued by the plaintiff.

6. Petitum of Lawsuit

Another requirement for formulating a lawsuit is the petitum of lawsuit. In order for a lawsuit to be valid, which means that it does not contain formal defects, it must include a petitum of lawsuit which contains the main points of the plaintiff’s claims, in the form of a clear description stating one by one at the end of the lawsuit regarding what things are the main points of the plaintiff’s claims which must be stated and charged to the defendant. In other words, the lawsuit petitum contains demands or requests for the Court to declare and determine the rights of the plaintiff or punishment for the defendant or both parties.

For more information, please consult your problem with us.

Source:

Yahya Harahap, S.H., 2008, Hukum Acara Perdata tentang Gugatan, Persidangan, Penyitaan, Pembuktian dan Putusan Pengadilan, Sinar Grafika, Jakarta.