DASAR – DASAR HUKUM ACARA PERDATA

 

Hukum Acara Perdata adalah peraturan hukum yang mengatur bagaimana caranya menjamin ditaatinya hukum perdata materil dengan perantaraan Hakim. Atau lebih konkritnya, Hukum Acara Perdata mengatur tentang bagaimana caranya mengajukan tuntutan hak, memeriksa serta memutusnya, dan pelaksanaan dari putusan tersebut.

Dalam Hukum Acara Perdata tidak dijumpai ketentuan yang tegas melarang tindakan menghakimi sendiri (eigenrichting). Larangan eigenrichting terdapat dalam Putusan Mahkamah Agung Tanggal 10 Desember 1973 No. 366 K/Sip/1973.

Sumber – sumber Hukum Acara Perdata, meliputi:

  • HIR (Het Herziene Indonesich Reglement) atau Reglemen Indonesia yang Diperbaharui (untuk Jawa dan Madura).
  • RBg (Rechtsreglement Buitengewesten) atau Reglemen Daerah Seberang (untuk luar Jawa dan Madura).
  • Rv (Reglement op de Burgerlijke Rechtsvordering) atau Reglemen Hukum Acara Perdata untuk Golongan Eropa.
  • RO (Reglement op  de Rechtsterlijke Organisatie in het beleid der Justitie in Indonesia (Reglemen tentang Organisasi Kehakiman).
  • Kitab Undang – Undang Hukum Acara Perdata (KUHPerdata).
  • Perjanjian Internasional.

 

Asas – Asas Hukum Acara Perdata, meliputi:

  1. Hakim Bersifat Menunggu.
  2. Kalau tidak ada tuntutan hak atau penuntutan, tidak ada Hakim (Wo kein Klager ist, ist kein Richter; nemo judex sine actore).
  3. Hakim Pasif.
  4. Sifat Terbukanya Persidangan.
  5. Mendengar kedua belah pihak.
  6. Audi et alteram partem, atau Eines Mannes Rede, ist keines mannes rede, man soll sie horen alle beide.
  7. Putusan harus disertai alasan – alasan.
  8. Beracara Dikenakan Biaya.
  9. Tidak ada Keharusan Mewakilkan.

Kekuasaan kehakiman ketentuannya diatur dalam  UU No. 48 Tahun 2009 Tentang Kekuasaan Kehakiman, UU No. 8 Tahun 2004 Tentang Peradilan Umum, UU No. 3 Tahun 2009 Tentang Mahkamah Agung.

 

Created  and Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

 

 

 

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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