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SELAYANG PANDANG HUKUM PERDATA

SELAYANG PANDANG HUKUM PERDATA

 

Mengenai kewajiban Hakim mengadili seluruh bagian gugatan, Putusan Mahkamah Agung Nomor 1992 K/Pdt/2000 Tanggal 23 Oktober 2002, mengemukakan dalam pertimbangannya: “Bahwa mengenai keberatan 1 dapat dibenarkan karena putusan Judex Factie yang telah membatalkan putusan Pengadilan Negeri Bandung tanpa mempertimbangkan eksepsi Tergugat sehingga putusan Judex Factie harus dinyatakan putusan yang tidak sempurna (onvoldoende gemotiverd) … bahwa keberatan 3 juga dapat dibenarkan karena Judex Factie pertimbangannya kurang mengenai sita jaminan”.

Prinsip “ultra petitum partium”, an sich membatasi Hakim untuk tidak memutus melebihi yang dituntut atau mengabulkan apa yang tidak dituntut oleh para pihak. Mahkamah Agung telah menegaskan hal ini dalam Putusan Nomor 2831 K/Pdt/1996 Tanggal 7 Juli 1999, yang dalam pertimbangannya mengemukakan: “Bahwa dalam amar ketiga dalam pokok perkara yaitu “Menghukum Tergugat III untuk membayar sisa dari klaim asuransi yang belum dibayarkan kepada Penggugat sebesar Rp. 280.626.280,- (dua ratus delapan puluh juta enam ratus dua puluh enam ribu dua ratus delapan puluh rupiah)” adalah merupakan putusan yang melebihi yang diminta sedangkan hal tersebut tidak dituntut oleh Penggugat, lagi pula diktum tersebut tidak ada kaitannya dengan materi gugatan”.

Putusan Hakim yang melebihi tuntutan masih dapat dibenarkan sepanjang putusan dimksud masih selaras atau memiliki relevansi yang signifikan dengan gugatan Penggugat. Dalam hal demikian, putusan Hakim masih dapat dibenarkan. Hal inilah yang ditegaskan dalam putusan Mahkamah Agung Nomor 140 K/Sip/1971 Tanggal 12 Agustus 1972.

Konsepsi dasar dari Hukum Acara Perdata mencakup hal – hal berikut:

  1. Hukum acara mengatur hal – hal yang wajib, tidak wajib (boleh), dan tidak boleh dilakukan oleh para yuris (khususnya Hakim) dalam menerima, memeriksa, mengadili, memutus, dan menyelesaikan suatu perkara.
  1. Hukum acara mengatur tentang akibat hukum dari tidak dipatuhinya ketentuan – ketentuan tersebut diatas.
  1. Hukum acara memberi batasan dan/atau pengecualian terhadap aturan – aturan imperatif tertentu sehingga memberi ruang penafsiran yang cukup pada Hakim dalam melakukan diskresi terhadap proses beracara. Hakim dapat menyimpangi suatu aturan yang bersifat imperatif dalam keadaan tertentu sebagai wujud lain dari diskresi Hakim. Diskresi dimaksud harus diimplementasikan secara hati – hati dan bertanggung jawab disertai dengan argumentasi hukum yang kuat dan bermuara pada tujuan bagi terwujudnya keadilan, kemanfaatan, dan kepastian hukum.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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