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YURISPRUDENSI MAHKAMAH AGUNG REPUBLIK INDONESIA  MENGENAI HUKUM PERDATA

YURISPRUDENSI MAHKAMAH AGUNG REPUBLIK INDONESIA  MENGENAI HUKUM PERDATA

 

Putusan Mahkamah Agung RI Nomor: 840 K/Sip/1975 Tanggal 4 Juli 1978, Kaidah Hukumnya berbunyi: “Surat gugatan bukan merupakan akta dibawah tangan, maka surat gugatan tidak terikat pada ketentuan – ketentuan Pasal 286 (2) RBg jo. Stb. 1916 – 46 jo. Stb. 1919 – 776”;

Putusan Mahkamah Agung RI Nomor: 769 K/Sip/1975 Tanggal 24 Agustus 1978, Kaidah Hukumnya berbunyi: “Gugatan bercap jempol yang tidak dilegalisir, berdasarkan Yurisprudensi bukanlah batal menurut hukum, tetapi selalu dikembalikan untuk dilegalisasi kemudian”;

Putusan Mahkamah Agung RI Nomor: 1149 K/Sip/1975 Tanggal 17 April 1979, Kaidah Hukumnya berbunyi: “Karena surat gugatan tidak disebutkan dengan jelas letak/batas – batas tanah sengketa, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor: 415 K/Sip/1975 Tanggal 27 Juni 1979, Kaidah Hukumnya berbunyi: “Gugatan yang ditujukan lebih dari seorang Tergugat, yang antara Tergugat – Tergugat itu tidak ada hubungan hukumnya, tidak dapat diadakan dalam satu gugatan, tetapi masing – masing Tergugat harus digugat sendiri – sendiri”;

Putusan Mahkamah Agung RI Nomor:  1075 K/Sip/1980, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi tidak salah menerapkan hukum, karena petitum bertentangan dengan posita gugatan, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:  663 K/Sip/1973 Tanggal 6 Agustus 1973, Kaidah Hukumnya berbunyi: “Petitum yang tidak mengenai hal yang menjadi obyek dalam perkara harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   28 K/Sip/1973 Tanggal 5 Nopember 1975, Kaidah Hukumnya berbunyi: “Karena rechtfeiten yang diajukan bertentangan dengan petitum, gugatan harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   582 K/Sip/1973  Tanggal 18 Desember 1975, Kaidah Hukumnya berbunyi: “Karena petitum gugatan adalah tidak jelas, gugatan harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   492 K/Sip/1970 Tanggal 21 Nopember 1970, Kaidah Hukumnya berbunyi: “Gugatan yang tidak sempurna, karena tidak menyebutkan dengan jelas apa – apa yang dituntut, harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   1391 K/Sip/1975 Tanggal 26 April 1979, Kaidah Hukumnya berbunyi: “Karena dari gugatan Penggugat tidak jelas batas – batas dusun sengketa yang digugat, hanya disebutkan (bertanda II) saja, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   439 K/Sip/1968 Tanggal 8 Januari 1969, Kaidah Hukumnya berbunyi: “Tentang tuntutan pengembalian barang/harta warisan dari tangan pihak ketiga kepada para ahli waris yang berhak, tidak perlu diajukan semua ahli waris”;

Putusan Mahkamah Agung RI Nomor:   6 K/Sip/1973 Tanggal 21 Agustus 1973, Kaidah Hukumnya berbunyi: “Gugatan harus dinyatakan tidak dapat diterima karena dasar gugatan tidak sempurna, dalam hal in karena hak Penggugat atas tanah sengketa tidak jelas”;

Putusan Mahkamah Agung RI Nomor:  995 K/Sip/1975, Kaidah Hukumnya berbunyi: “Bahwa terbanding semula Penggugat sebagai seorang debitor hanya sekedar mempunyai kewajiban – kewajiban, ialah untuk melunasi hutangnya dan tidak mempunyai hak terhadap kreditornya, sedangkan bagi pengajuan gugatan haruslah ada sesuatu hak yang dilanggar oleh orang lain, untuk dapat menarik yang bersangkutan sebagai Tergugat dalam suatu proses peradilan”;

Putusan Mahkamah Agung RI Nomor:  1360 K/Sip/1973 Tanggal 17 Juni 1976, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi telah terlalu formal dengan menyatakan gugatan tidak dapat diterima, hanya karena Penggugat minta supaya tanah terperkara disahkan menjadi hak miliknya, sedangkan Penggugat mendasarkan gugatannya pada Hak Guna Usaha (HGU); Karena walaupun petitum menyebut milik, tetapi yang dimaksud adalah tanah dalam Hak Guna Usaha”;

Putusan Mahkamah Agung RI Nomor:  4 K/Sip/1958 Tanggal 13 Desember 1958, Kaidah Hukumnya: “Syarat mutlak untuk menuntut seseorang di depan Pengadilan adalah adanya perselisihan hukum antara kedua pihak”;

Putusan Mahkamah Agung RI Nomor:  175 K/Sip/1974 Tanggal 17 Juni 1976, Kaidah Hukumnya: “Bahwa Hakim pertama telah menjadikan isteri kedua dari Tergugat sebagai pihak ke III dalam perkara ini, dengan tiada lawan. Bahwa lebih tepat kepadanya diberi kedudukan dalam perkara sebagai Tergugat II disamping suaminya sebagai Tergugat I, mengingat ia masih tinggal bersama dan bersama – sama pula menguasai barang – barang cidra”;

Putusan Mahkamah Agung RI Nomor:  457 K/Sip/1975 Tanggal 18 November 1975, Kaidah Hukumnya: “Tidak dapat dibenarkan apabila Pengadilan Tinggi memerintahkan Pengadilan Negeri untuk menarik pihak ketiga sebagai Turut Tergugat (yang dalam gugatan asal dijadikan pihak dalam perkar”;

Putusan Mahkamah Agung RI Nomor:  305 K/Sip/1971 Tanggal 16 Juni 1971, Kaidah Hukumnya: “Pengadilan Tinggi tidak berwenang untuk karena jabatannya menempatkan seseorang yang tidak digugat sebagai Tergugat, karena hal tersebut adalah bertentangan dengan azas acara perdata, bahwa hanya penggugatlah yang berwenang untuk menentukan siapa – siapa yang digugatnya”;

Putusan Mahkamah Agung RI Nomor:   1411 K/Sip/1978 Tanggal 13 Maret 1979, Kaidah Hukumnya berbunyi: “Pengikutsertaan pihak ketiga dalam suatu proses perdata yang sedang berjalan, ditentukan oleh ada tidaknya permintaan untuk itu dari para pihak atau pihak ketiga diluar perkara yang merasa berkepentingan”;

Putusan Mahkamah Agung RI Nomor:   880 K/Sip/1973 Tanggal 6 Mei 1975, Kaidah Hukumnya berbunyi: “Bahwa oleh Hakim pertama, ketiga buah gugatan tersebut digabungkan menjadi satu perkara dan diputuskan dalam satu putusan tertanggal 24 Januari 1969  No. 10/1968/MKl. Bahwa ketiga gugatan itu ada hubungan satu dengan lainnya, sehingga meskipun menggabungkan gugatan – gugatan itu  tidak diatur dalam RBg (juga HIR) akan tetapi karena penggabungan itu akan memudahkan proses dan menghindarkan kemungkinan putusan – putusan yang saling bertentangan, maka penggabungan itu memang bermanfaat ditinjau dari segi acara (procesueel doelmatig)”;

Putusan Mahkamah Agung RI Nomor:   1043 K/Sip/1971 Tanggal 3 Desember 1974, Kaidah Hukumnya berbunyi: “HIR tidak mengatur hal penggabungan gugatan, maka terserah pada pandangan hakim dalam hal mana penggabungan itu diizinkan asal tidak bertentangan dengan prinsip cepat dan murah”;

Putusan Mahkamah Agung RI Nomor: 677 K/Sip/1972 Tanggal 13 Desember 1972, Kaidah Hukumnya berbunyi: “Dalam perkara yang berhubungan erat satu dengan lainnya tetapi masing – masing tunduk pada hukum acara yang berbeda tidak boleh digabungkan, seperti halnya dalam perkara ini. Perkara yang satu adalah suatu gugatan (permohonan) berdasarkan Undang – Undang No. 21 Tahun 1961, yang perkara demikian ini; terikat pada suatu jangka waktu 9 bulan; terhadap putusan tidak dapat diajukan banding; putusan baru dapat didaftarkan kepada Kantor Milik Perindustrian setelah putusan memperoleh kekuatan hukum pasti, sehingga tidak lebih dahulu (uitvoerbaar bij voorrad). Perkara yang lainnya adalah gugatan berdasarkan Pasal 1365 BW, yang terhadap putusannya dapat diajukan banding; lagipula gugatan ini sebenarnya baru dapat diajukan setelah terhadap gugatan tentang merk diperoleh putusan yang memperoleh kekuatan hukum pasti”;

Putusan Mahkamah Agung RI Nomor: 201 K/Sip/1974 Tanggal 28 Agustus 1976, Kaidah Hukumnya berbunyi: “Karena sawah – sawah tersebut pemiliknya berlainan, seharusnya masing – masing pemilik itu secara sendiri – sendiri menggugat masing – masing orang yang merugikan hak mereka dan kini memegang sawah – sawah itu; cumulatie gugatan – gugatan yang tidak ada hubungannya satu sama lain seperti yang dilakukan sekarang ini, tidak dapat dibenarkan”;

Putusan Mahkamah Agung RI Nomor: 677 K/Sip/1972 Tanggal 13 Desember 1972, Kaidah Hukumnya berbunyi: “Menurut yurisprudensi dimungkinkan penggabungan gugatan – gugatan dari satu pihak dalam hal antara gugatan – gugatan itu terdapat hubungan yang erat, tetapi adalah tidak layak penggabungan dua perkara dalam bentuk, perkara yang satu (i.C. perkara No. 53/1972 G) dijadikan gugatan rekonpensi terhadap perkara yang lain (i.c. perkara No. 521/1971 G)”;

Putusan Mahkamah Agung RI Nomor:  123 K/Sip/1963 Tanggal 13 Juli  1963, Kaidah Hukumnya berbunyi: “Dengan digabungkannya 3 perkara menjadi satu, surat – surat kuasa yang oleh salah satu pihak diberikan kepada seorang kuasa yang ada pada ke 3 perkara tersebut seharusnya juga dipertimbangkan sebagai satu kesatuan; sehingga ketidaksempurnaan yang terdapat pada salah satu dari surat – surat kuasa itu haruslah dianggap telah diperbaiki oleh surat kuasa yang lain”;

Putusan Mahkamah Agung RI Nomor:   343 K/Sip/1975  Tanggal 17 Februari  1977,  Kaidah Hukumnya berbunyi: “Karena antara Tergugat – Tergugat I s/d IX tidak ada hubungannya satu dengan lainnya, tidaklah tepat mereka digugat sekaligus dalam satu surat gugatan; seharusnya mereka digugat satu per satu secara terpisah. Gugatan Penggugat harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:    1652 K/Sip/1975 Tanggal 22 September 1976, Kaidah Hukumnya berbunyi: “Kumulasi dari beberapa gugatan yang berhubungan erat satu dengan lainnya tidak bertentangan dengan hukum acara yang berlaku”;

Putusan Mahkamah Agung RI Nomor:  415 K/Sip/1975 Tanggal 20 Juni 1979, Kaidah Hukumnya berbunyi: “Gugatan yang ditujukan kepada lebih  dari seorang Tergugat, yang antara Tergugat – Tergugat itu tidak ada hubungan hukumnya, tidak dapat diadakan didalam satu gugatan, tetapi masing – masing Tergugat harus digugat tersendiri”;

Putusan Mahkamah Agung RI Nomor:  1367 K/Pdt/1986 Tanggal 25 Juli 1987, Kaidah Hukumnya berbunyi: “Penggabungan gugatan terhadap dua subyek hukum yang berbeda (Tergugat asal I dan Tergugat asal II) dengan dua peristiwa hukum yang berlainan (perjanjian utang – piutang dan perjanjian jual – beli mobil), sekalipun akibat hukum yang ditimbulkan akan berupa wanprestasi, namun kewajiban yang ditimbulkan dari keadaan wanprestasi tersebut adalah berbeda satu sama lain yang menurut hukum acara tidak dapat digabungkan dalam satu gugatan (tuntutan)”;

Putusan Mahkamah Agung RI Nomor: 840 K/Sip/1975 Tanggal 4 Juli 1978, Kaidah Hukumnya berbunyi: “Surat gugatan bukan merupakan akta dibawah tangan, maka surat gugatan tidak terikat pada ketentuan – ketentuan Pasal 286 (2) RBg jo. Stb. 1916 – 46 jo. Stb. 1919 – 776”;

Putusan Mahkamah Agung RI Nomor: 769 K/Sip/1975 Tanggal 24 Agustus 1978, Kaidah Hukumnya berbunyi: “Gugatan bercap jempol yang tidak dilegalisir, berdasarkan Yurisprudensi bukanlah batal menurut hukum, tetapi selalu dikembalikan untuk dilegalisasi kemudian”;

Putusan Mahkamah Agung RI Nomor: 1149 K/Sip/1975 Tanggal 17 April 1979, Kaidah Hukumnya berbunyi: “Karena surat gugatan tidak disebutkan dengan jelas letak/batas – batas tanah sengketa, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor: 415 K/Sip/1975 Tanggal 27 Juni 1979, Kaidah Hukumnya berbunyi: “Gugatan yang ditujukan lebih dari seorang Tergugat, yang antara Tergugat – Tergugat itu tidak ada hubungan hukumnya, tidak dapat diadakan dalam satu gugatan, tetapi masing – masing Tergugat harus digugat sendiri – sendiri”;

Putusan Mahkamah Agung RI Nomor:  1075 K/Sip/1980, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi tidak salah menerapkan hukum, karena petitum bertentangan dengan posita gugatan, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:  663 K/Sip/1973 Tanggal 6 Agustus 1973, Kaidah Hukumnya berbunyi: “Petitum yang tidak mengenai hal yang menjadi obyek dalam perkara harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   28 K/Sip/1973 Tanggal 5 Nopember 1975, Kaidah Hukumnya berbunyi: “Karena rechtfeiten yang diajukan bertentangan dengan petitum, gugatan harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   582 K/Sip/1973  Tanggal 18 Desember 1975, Kaidah Hukumnya berbunyi: “Karena petitum gugatan adalah tidak jelas, gugatan harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   492 K/Sip/1970 Tanggal 21 Nopember 1970, Kaidah Hukumnya berbunyi: “Gugatan yang tidak sempurna, karena tidak menyebutkan dengan jelas apa – apa yang dituntut, harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   1391 K/Sip/1975 Tanggal 26 April 1979, Kaidah Hukumnya berbunyi: “Karena dari gugatan Penggugat tidak jelas batas – batas dusun sengketa yang digugat, hanya disebutkan (bertanda II) saja, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   439 K/Sip/1968 Tanggal 8 Januari 1969, Kaidah Hukumnya berbunyi: “Tentang tuntutan pengembalian barang/harta warisan dari tangan pihak ketiga kepada para ahli waris yang berhak, tidak perlu diajukan semua ahli waris”;

Putusan Mahkamah Agung RI Nomor:   6 K/Sip/1973 Tanggal 21 Agustus 1973, Kaidah Hukumnya berbunyi: “Gugatan harus dinyatakan tidak dapat diterima karena dasar gugatan tidak sempurna, dalam hal in karena hak Penggugat atas tanah sengketa tidak jelas”;

Putusan Mahkamah Agung RI Nomor:  995 K/Sip/1975, Kaidah Hukumnya berbunyi: “Bahwa terbanding semula Penggugat sebagai seorang debitor hanya sekedar mempunyai kewajiban – kewajiban, ialah untuk melunasi hutangnya dan tidak mempunyai hak terhadap kreditornya, sedangkan bagi pengajuan gugatan haruslah ada sesuatu hak yang dilanggar oleh orang lain, untuk dapat menarik yang bersangkutan sebagai Tergugat dalam suatu proses peradilan”;

Putusan Mahkamah Agung RI Nomor:  1360 K/Sip/1973 Tanggal 17 Juni 1976, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi telah terlalu formal dengan menyatakan gugatan tidak dapat diterima, hanya karena Penggugat minta supaya tanah terperkara disahkan menjadi hak miliknya, sedangkan Penggugat mendasarkan gugatannya pada Hak Guna Usaha (HGU); Karena walaupun petitum menyebut milik, tetapi yang dimaksud adalah tanah dalam Hak Guna Usaha”;

Putusan Mahkamah Agung RI Nomor:  4 K/Sip/1958 Tanggal 13 Desember 1958, Kaidah Hukumnya: “Syarat mutlak untuk menuntut seseorang di depan Pengadilan adalah adanya perselisihan hukum antara kedua pihak”;

Putusan Mahkamah Agung RI Nomor:  175 K/Sip/1974 Tanggal 17 Juni 1976, Kaidah Hukumnya: “Bahwa Hakim pertama telah menjadikan isteri kedua dari Tergugat sebagai pihak ke III dalam perkara ini, dengan tiada lawan. Bahwa lebih tepat kepadanya diberi kedudukan dalam perkara sebagai Tergugat II disamping suaminya sebagai Tergugat I, mengingat ia masih tinggal bersama dan bersama – sama pula menguasai barang – barang cidra”;

Putusan Mahkamah Agung RI Nomor:  457 K/Sip/1975 Tanggal 18 November 1975, Kaidah Hukumnya: “Tidak dapat dibenarkan apabila Pengadilan Tinggi memerintahkan Pengadilan Negeri untuk menarik pihak ketiga sebagai Turut Tergugat (yang dalam gugatan asal dijadikan pihak dalam perkar”;

Putusan Mahkamah Agung RI Nomor:  305 K/Sip/1971 Tanggal 16 Juni 1971, Kaidah Hukumnya: “Pengadilan Tinggi tidak berwenang untuk karena jabatannya menempatkan seseorang yang tidak digugat sebagai Tergugat, karena hal tersebut adalah bertentangan dengan azas acara perdata, bahwa hanya penggugatlah yang berwenang untuk menentukan siapa – siapa yang digugatnya”;

Putusan Mahkamah Agung RI Nomor:   1411 K/Sip/1978 Tanggal 13 Maret 1979, Kaidah Hukumnya berbunyi: “Pengikutsertaan pihak ketiga dalam suatu proses perdata yang sedang berjalan, ditentukan oleh ada tidaknya permintaan untuk itu dari para pihak atau pihak ketiga diluar perkara yang merasa berkepentingan”;

Putusan Mahkamah Agung RI Nomor:   880 K/Sip/1973 Tanggal 6 Mei 1975, Kaidah Hukumnya berbunyi: “Bahwa oleh Hakim pertama, ketiga buah gugatan tersebut digabungkan menjadi satu perkara dan diputuskan dalam satu putusan tertanggal 24 Januari 1969  No. 10/1968/MKl. Bahwa ketiga gugatan itu ada hubungan satu dengan lainnya, sehingga meskipun menggabungkan gugatan – gugatan itu  tidak diatur dalam RBg (juga HIR) akan tetapi karena penggabungan itu akan memudahkan proses dan menghindarkan kemungkinan putusan – putusan yang saling bertentangan, maka penggabungan itu memang bermanfaat ditinjau dari segi acara (procesueel doelmatig)”;

Putusan Mahkamah Agung RI Nomor:   1043 K/Sip/1971 Tanggal 3 Desember 1974, Kaidah Hukumnya berbunyi: “HIR tidak mengatur hal penggabungan gugatan, maka terserah pada pandangan hakim dalam hal mana penggabungan itu diizinkan asal tidak bertentangan dengan prinsip cepat dan murah”;

Putusan Mahkamah Agung RI Nomor: 840 K/Sip/1975 Tanggal 4 Juli 1978, Kaidah Hukumnya berbunyi: “Surat gugatan bukan merupakan akta dibawah tangan, maka surat gugatan tidak terikat pada ketentuan – ketentuan Pasal 286 (2) RBg jo. Stb. 1916 – 46 jo. Stb. 1919 – 776”;

Putusan Mahkamah Agung RI Nomor: 769 K/Sip/1975 Tanggal 24 Agustus 1978, Kaidah Hukumnya berbunyi: “Gugatan bercap jempol yang tidak dilegalisir, berdasarkan Yurisprudensi bukanlah batal menurut hukum, tetapi selalu dikembalikan untuk dilegalisasi kemudian”;

Putusan Mahkamah Agung RI Nomor: 1149 K/Sip/1975 Tanggal 17 April 1979, Kaidah Hukumnya berbunyi: “Karena surat gugatan tidak disebutkan dengan jelas letak/batas – batas tanah sengketa, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor: 415 K/Sip/1975 Tanggal 27 Juni 1979, Kaidah Hukumnya berbunyi: “Gugatan yang ditujukan lebih dari seorang Tergugat, yang antara Tergugat – Tergugat itu tidak ada hubungan hukumnya, tidak dapat diadakan dalam satu gugatan, tetapi masing – masing Tergugat harus digugat sendiri – sendiri”;

Putusan Mahkamah Agung RI Nomor:  1075 K/Sip/1980, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi tidak salah menerapkan hukum, karena petitum bertentangan dengan posita gugatan, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:  663 K/Sip/1973 Tanggal 6 Agustus 1973, Kaidah Hukumnya berbunyi: “Petitum yang tidak mengenai hal yang menjadi obyek dalam perkara harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   28 K/Sip/1973 Tanggal 5 Nopember 1975, Kaidah Hukumnya berbunyi: “Karena rechtfeiten yang diajukan bertentangan dengan petitum, gugatan harus ditolak”;

Putusan Mahkamah Agung RI Nomor:   582 K/Sip/1973  Tanggal 18 Desember 1975, Kaidah Hukumnya berbunyi: “Karena petitum gugatan adalah tidak jelas, gugatan harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   492 K/Sip/1970 Tanggal 21 Nopember 1970, Kaidah Hukumnya berbunyi: “Gugatan yang tidak sempurna, karena tidak menyebutkan dengan jelas apa – apa yang dituntut, harus dinyatakan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   1391 K/Sip/1975 Tanggal 26 April 1979, Kaidah Hukumnya berbunyi: “Karena dari gugatan Penggugat tidak jelas batas – batas dusun sengketa yang digugat, hanya disebutkan (bertanda II) saja, gugatan tidak dapat diterima”;

Putusan Mahkamah Agung RI Nomor:   439 K/Sip/1968 Tanggal 8 Januari 1969, Kaidah Hukumnya berbunyi: “Tentang tuntutan pengembalian barang/harta warisan dari tangan pihak ketiga kepada para ahli waris yang berhak, tidak perlu diajukan semua ahli waris”;

Putusan Mahkamah Agung RI Nomor:   6 K/Sip/1973 Tanggal 21 Agustus 1973, Kaidah Hukumnya berbunyi: “Gugatan harus dinyatakan tidak dapat diterima karena dasar gugatan tidak sempurna, dalam hal in karena hak Penggugat atas tanah sengketa tidak jelas”;

Putusan Mahkamah Agung RI Nomor:  995 K/Sip/1975, Kaidah Hukumnya berbunyi: “Bahwa terbanding semula Penggugat sebagai seorang debitor hanya sekedar mempunyai kewajiban – kewajiban, ialah untuk melunasi hutangnya dan tidak mempunyai hak terhadap kreditornya, sedangkan bagi pengajuan gugatan haruslah ada sesuatu hak yang dilanggar oleh orang lain, untuk dapat menarik yang bersangkutan sebagai Tergugat dalam suatu proses peradilan”;

Putusan Mahkamah Agung RI Nomor:  1360 K/Sip/1973 Tanggal 17 Juni 1976, Kaidah Hukumnya berbunyi: “Pengadilan Tinggi telah terlalu formal dengan menyatakan gugatan tidak dapat diterima, hanya karena Penggugat minta supaya tanah terperkara disahkan menjadi hak miliknya, sedangkan Penggugat mendasarkan gugatannya pada Hak Guna Usaha (HGU); Karena walaupun petitum menyebut milik, tetapi yang dimaksud adalah tanah dalam Hak Guna Usaha”;

Putusan Mahkamah Agung RI Nomor:  4 K/Sip/1958 Tanggal 13 Desember 1958, Kaidah Hukumnya: “Syarat mutlak untuk menuntut seseorang di depan Pengadilan adalah adanya perselisihan hukum antara kedua pihak”;

Putusan Mahkamah Agung RI Nomor:  279 K/Sip/1957  Tanggal 11 Juni 1958, Kaidah Hukumnya: “Tergugat asli yang karena merasa berhak atas sawah terperkara yang ada pada Penggugat asli, dengan bertindak sendiri merampas sawah tersebut dari Penggugat asli, tindakannya tidak dapat dibenarkan dan sawah harus dikembalikan kepada Penggugat asli untuk memulihkan keadaan semula. Dengan senantiasa terbuka kemungkinan bagi Tergugat asli untuk mengajukan gugat terhadap Penggugat asli untuk ditentukan siapa yang berhak atas sawah itu”;

 

 

Jakarta, 29  Agustus 2018

Dihimpun dan dipublikasikan oleh: Appe Hamonangan Hutauruk, SH., MH.

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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  292. Touring is actually a dearest interest of men and women all around the world. Researching new cultures and having new experiences are simply a pair issues you could take pleasure in whilst you travel. These are some wonderful suggestions to assist you with your journey plans. When traveling, it’s crucial that you load lighting. Pack products within other items (rolled-up stockings and under garments inside your shoes or boots, for instance). If you can, take knitted or micro-fiber garments that you can roll up tightly with your case. Always bring clothing it is possible to rinse from the motel drain and suspend to dried up if possible. Roll all garments instead of collapsable. When going for a streets vacation, normally you’re planning to move things that appear fascinating that someone in a car may possibly anyone to cease and find out. Nevertheless, you can’t constantly stop at every fascinating area or your getaway would not finish. Alternatively, give each and every associate a “Stop Greeting card.” By doing this if anything shows up that they want to end to see, they could use their greeting card, and also the entire loved ones can end, no inquiries inquired. You may decide how many each person becomes, for the way enough time you possess. Prior to departing on a trip, the intelligent traveler ensures a minimum of one person home is aware in which he will be. This “residence bottom” make contact with should be updated with any unplanned changes the visitor experiences around the way. Someone who is aware when a tourist is – and in which they will be – might be a wonderful help in the case of trouble on the streets. Get a travel attire, and that is a outfit that could be put on multiple methods. It may be donned like a gown, skirt, tshirt and cover. After that you can load a few other extras and related goods, that will conserve a lot of space with your baggage for those gifts you intend to provide property. Now that you’ve eliminated around almost everything you may want to find out before you take your holiday, you’re ready to go and enjoy yourself! Touring may be a thrilling time in addition to being a fruitful course of action. Whatever your reason, it’s always important to be secure and well prepared. Have got a wonderful getaway!

  293. Whether or not touring for function or travelling for perform, there are numerous things you can do to ensure that your vacation moves efficiently and pleasantly. An unskilled visitor might not exactly learn how to get the most affordable airline flight, the best motel costs or all those off of-the-defeated-path holiday destinations which can be a necessity for any individual with kids. Every one of the do’s and don’ts, ins and outs, and ups and downs of traveling are specified to suit your needs in this article, so you can have a safe, affordable and thrilling getaway from beginning to end. Constantly know in which your baggage is. Air carrier and shuttle staff members are already proven to rob goods from instances if they are inspected in. Furthermore, other tourists may “accidentally” pick up your travelling bag in hopes of finding costly things. And also this permits you to relocate involving transportation options speedier, instead of ranking close to expecting your travel luggage. Keep a delighted frame of mind while traveling. Things can get rather tense at large airports. Tempers manage substantial. The people who job there often find it difficult of issues. Maintaining a positive demeanor about yourself, at the very least outwardly, will almost certainly improve your experience. A poor perspective will rarely get you anywhere. When you are traveling it can make a significant difference traveling when it is not a holiday break or well-known trip time. If one continues on a time which is not likely to become a preferred trip time they may prevent several problems. You will find much less crowds of people and waits for sights. One particular may have a a lot more relaxed time. When you are traveling within a peculiar area by taxi cab, request an impartial 3rd party such as a top workdesk clerk or baggage porter exactly what the proper rate is for a trip to your spot. Also set up the speed using the driver before getting to the cab. It will help stop you from acquiring conned. When you are traveling with over one kid, look at pre-packing each child’s garments in a huge freezer bag. These bags might be branded with every working day, therefore the little ones can certainly find the clothing they’re gonna put on. This helps prevent them from having to unpack the whole suitcase every morning, plus reduces the potential risk of items getting ignored at home. Once you have suggestions from this article, you must more experienced in preparing fantastic vacations. Other people will adore your meticulous organizing. When you apply these pointers while you travel, your journey is going to be calming and be concerned-free of charge.

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  295. Lots of people get pleasure from vacationing. The enjoyment can be overtaken with the preparing anxiety. The useful ideas here will allow you to obtain it all under control. If you may be driving a vehicle for your destination, load a relative or good friend in on the spot and prepared way to arrive there. If some thing would occur to you whilst driving a vehicle, he or she could warn officers of your own intended vacation spot as well as the highways you might have been traveling on. If you love traveling but use a chronic health issues, don’t be anxious! Your touring days and nights will not be above. Just be sure you journey wise by getting all of your current essential healthcare materials and unexpected emergency info readily readily available. You’ll sense more at ease leaving home and be prepared for any crisis scenario! When traveling on the cruise liner, you should tip the staff associates even before they have got executed something. You will enter in to contact with these staff members often times during your remain board, so give your cabin steward an instant idea once you appear. The quality of the services you obtain will probably be even better than it would have been or else. For risk-free traveling, don’t carry your valuables in one place. No one wants to cope with missing out on possessions when on a trip, but if you do have to, it’s easier to minimize loss. Put your credit cards, money, jewelry, and whatever else you importance in a variety of diverse spots — some inside your case, some in your wallet, some inside your finances, etc. This way even if anything gets taken or misplaced, it is likely you won’t drop everything. As you may plan your trip, look at getting the bus rather than traveling, traveling or getting a teach. This process of vacation is relatively inexpensive, and according to who you reserve with, the tour bus fleets frequently present more recent types which can be neat and desirable. Additionally they consist of wireless access. Taking a journey without having troubles is actually a case of meticulous planning and following noise journey guidance. Make use of the suggestions in this post to organize an incredible journey. If you do you will have a excellent probability of possessing a wonderful touring expertise and taking advantage of your possibility to traveling.

  296. Whether or not producing arrangements to travel by car, aeroplane, or workout, planning a recreational retreat are often very overwhelming to even the most experienced traveler. Luckily, there are many expert travellers who are prepared to reveal their finest travel tips and tricks to create the procedure much more controllable and enjoyable for all. Packaging your travel suitcase better will enable you to create more pleasurable! The simplest way to take full advantage of place within your travel luggage is usually to place a specific thing flat and roll it. Roll as numerous stuff as possible and in shape them directly jointly. Filling stockings and under garments into your shoes could save you even more space. Have you looked at travelling international? You may want to maintain on to your touring strategies for some time and head to even farther and remote areas. As opposed to taking two trips each year you can handle continue on one particular trip for a year. Make absolutely certain you be on the lookout for discounts due to the fact you can find a very good offer on resort and trip seat tickets. You may make your vacation significantly less stress filled by packaging casually for your personal trip. To remain safe while traveling in the region stricken by poverty and offense, you must travel using a information and a small group of visitors. Stay away from sporting jewelery and you should not enable any individual discover how very much funds you will be carrying with you. Also, you must not rely on any individual you do not know. In case you are touring with other people check out and make certain they have got almost everything that they need. Often people you might be vacationing with can remind you of products you may be failing to remember to create. They may also provide you with some advice on what to bring since they way too are most likely thinking of what items to provide on the vacation. Soon after a single is taking enough time to read through this post they are able to make use of the information and facts they may have discovered to create their travel much better in no matter what way that believe that is important on their behalf. Everyone can learn something new about vacation simply by taking the time to read.

  297. Well, you’ve determined you are willing to commence traveling. How thrilling! Nevertheless, there exists so much that you should become aware of so that you are ready for your travels. Don’t be worried, journey tips are right here! Listed here are some suggestions that will help you get equipped, so that you can become a smarter vacationer. Tend not to forget to question your tour guide for accreditations. Numerous tour guides are often needed to carry a make it possible for. Do not be scared about wondering to discover it. Should you be expending funds on their solutions, it really is properly in your proper to do this. Before one particular is about to travel they must look at the way that they are likely to pack. When loading you need to generally take into consideration leaving behind one particular handbag, baggage, or other baggage partially vacant. By leaving extra room there will almost always be room to get more things that one might grab on a trip including gifts. When traveling, maintain the totes gentle by only delivering the fundamentals. The much less items you have with you, the less probability you will have of losing possessions or taking a chance on having them thieved. Don’t consider a lot of shoes, because they are usually largest and greatest issues you’ll consider. When you find yourself vacationing, purchase funds boxes you could dress in inside of your clothes or sew straightforward wallets to the inside your waistline group. If you can not sew, check with somebody that can to do it for you or bring it to some tailor or seamstress, and ask for they sew an inside budget for yourself. This will keep your possessions, detection and cash harmless and you also need not be worried about someone stealing your journey bag or pocket. Going with any type of electronics signifies that you consistently have to demand batteries that you just would generally demand in your own home. One of the more convenient method of accomplishing this while on your way is to buy an inverter and plug it in your vehicle’s cigarette lighter. That method for you to make use of the identical rechargers you generally use at home. As was pointed out at the outset of this article, learning more about travel is not just for novice travellers, it is actually for anyone. This is because you will always find points a person can understand. The details in this article will assist you to improve the quality of the next travel practical experience.

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  299. Your upcoming holiday ought to be comforting and relaxed. You might have worked hard and paid for a ton of money to invest that period carrying out what for you to do exactly where for you to do it. Let us support place your mind relaxed with these simple actions that you can use to ensure your pleasure, while traveling. If you are students organizing go to an overseas nation, take into account getting a global student detection greeting card before you leave. Numerous restaurants, galleries, and traveler stops offer you savings once you display pupil recognition. Even though cards costs cash to acquire initially, the cost savings you achieve tend to be significantly in excess of the foundation price. If you possess the time, journey by automobile as opposed to traveling. Driving a vehicle throughout the claims is an excellent strategy to begin to see the land. You are going to pass by charming municipalities and destinations which are usually ignored by tourists. Traveling by auto gives you far more versatility just in case you require to modify your schedule on the eleventh hour. If you have the time, travel by auto as opposed to traveling by air. Driving a vehicle throughout the claims is an excellent way to start to see the country. You may go by quaint cities and tourist attractions which can be frequently ignored by vacationers. Travelling by auto offers you much more versatility just in case you will need to modify your itinerary at the last second. Safeguard your beverages from spilling once you vacation having a selfmade package stopper. Just before screwing the cover on your travel-scaled toiletries, cover the top using a small part of plastic-type material taken off a plastic purchasing bag. This may both protect your clothing from your water and maintain the liquefied inside of its container. Vacationing is among the greatest activities one could have in everyday life. The opportunity to meet new people, explore new areas, and find out about new countries is unparalleled. The information in the following paragraphs need to serve you properly in your exciting activities.

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  301. Travelling can encompass lots of different stuff depending upon that you ask or talk to regarding this. Everybody knows that it could be entertaining to go to a brand new area, however you need to still need an idea in order that you tend not to waste materials cash. Try using the following to produce a better prepare. When you have intends to vacation, the main preparing you should do is create a check list of everything you need from toiletries to more posts of apparel. Before you leave, ensure that all of these products are loaded since most likely should you overlook one thing, the present shops available will overcharge for simple stuff like toothpaste or shampoo or conditioner. To make a decision if you need to get traveling insurance, you need to examine how much the journey will charge. At some date down the road, several bookings can’t be canceled with out some economic charges. Planning to observe how much has already been in danger if you need to end is a terrific way to get a concept of what you could be ready to commit to make sure a vacation. When traveling to inadequate countries or places with good offense charges, maintain all of your possessions out of vision. Don’t wear a video camera more than your shoulder blades or maybe a affordable see on your own wrist should you don’t wish to bring in the interest of robbers and beggars. Carry a shoulder blades travelling bag for most of these goods instead. Just one way of decreasing an ice pack build-up on your windshield is always to park your car your vehicle with all the windscreen experiencing from the predominant wind. One other way also few of us think about is to pay for our windshields by using a toss area rug whenever we park our vehicles. Tuck the advantage within your windscreen wipers as well as your automobile will likely be as snug as being a bug in a carpet. The quality of a vacation is tremendously affected by how well ready and informed you are. Looking at the following tips is simply the commencing and you still have some work to do. You ought to nonetheless understand as much as possible about your location proceeding and make certain to create your a reservation promptly. Get pleasure from your trip!

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  305. Touring is surely an amazing practical experience. You will find a realm of encounters so that you can encounter. It can be a lot of fun! You can expect to certainly want to make sure you make the most of your vacation. The following is some good information that other vacationers have discovered really beneficial. Provide clothes that is suitable for vacation. This simply means things you could rinse and free of moisture from the hotel room, which won’t wrinkle from being air-dried up. Also, keep in mind you could buy apparel as you go, and will also most likely be more ideal on the environment and traditions of your place. If you have the time, travel by car as opposed to traveling by air. Driving a vehicle from the says is an excellent strategy to start to see the region. You will pass by quaint cities and tourist attractions which are typically neglected by visitors. Touring by vehicle provides more mobility if you happen to will need to change your schedule in the last second. Check out option locations to keep. You don’t also have to remain in a hotel to feel happy on a break. There are numerous “property-swapping” sites offered, which let you stay in someones empty residence. Try looking for cabins or your bed and breakfasts. Alternate lodging might be probably the most intriguing and entertaining aspects of travelling, so make sure you give it a look! One way of reducing ice-cubes build-up in your windshield is to playground your car or truck with all the windscreen facing from the existing blowing wind. One other way too couple of us think about is to protect our windshields using a have area rug whenever we recreation area our cars. Tuck the edge in less than your windshield wipers as well as your auto will be as comfortable as a bug in the carpet. The standard of a holiday is tremendously relying on how well well prepared and knowledgeable you will be. Studying these pointers is the commencing and you still need some try to do. You must nonetheless discover whenever you can about your location heading and ensure to make your bookings promptly. Enjoy your holiday!

  306. Deciding how and where to travel can cause a number of challenging inquiries and troubles, even going to by far the most smart international traveler. This article describes a couple of certain-fire strategies to book lodgings, program outings, execute business conferences on the road, and generally get the most from your sojourns outside of the land. Have a language translation device when you are traveling to your region that doesn’t communicate your native language. This may be such as a novel or even a telephone app. While you might find that a majority of folks articulate British in large towns, it could be really distinct in tiny municipalities or non-urban locations. Wanting to articulate within the language of the nation is very treasured from the people. Sanitize your location. You may get a couple of sideways glances, nevertheless in the restricted place of a populated plane, you might be just wondering to acquire ill. Deliver a tiny package of hands sanitizer or some sanitizing baby wipes and wipe away from your holder desk, armrests as well as buttons, once you sit back. Make sure to also use it on both your hands and do not contact your vision, nose or jaws. One of many concerns I generally get about traveling is the travelling issue. “How do I get about after i get to my destination?” The best solution definitely is determined by the volume of driving a vehicle you intend to do. If you plan to visit spots inside strolling length possibly use only a taxi when necessary. Contrarily, if lots of the places can be a tad apart, then it will be a lot more prudent to rent an automobile throughout your trip. If you’re considering getting a mobile phone along with you in your vacation, ensure that you phone your cellular phone company to inquire them about roaming expenses. The familiarity of the mobile phone could cause you to feel greater, but it may cost you a lot more to use it on unfamiliar soil. An effective option is buying a nearby SIM greeting card and ultizing it although you’re there. When traveling by oxygen, there is not any lengthier any cause to handle another toiletries case. All of your current fluids and gels should squeeze into a Ziplock bag irrespective. That travelling bag will be sealed, and will also be small and lighter in weight than any bag specified for that job. Taking a journey without having troubles is definitely a matter of meticulous planning and pursuing noise traveling suggestions. Use the ideas in the following paragraphs to plan an incredible getaway. Should you do you should have a fantastic potential for developing a fantastic traveling encounter and taking advantage of your chance to vacation.

  307. Traveling is a very fulfilling encounter, as you can find out about other cultures and way of life in addition to visit traditional sites. There are many things you can do when you traveling and techniques to ensure that you save money at hotels or even for airplane passes. Look at this post for further advice on travel. Keep in mind scams that attempt to take advantage of unwary vacationers. In several poorer locations around the globe, it is safest to imagine that any individual pleading for money or looking to hold you back for almost any explanation can be quite a pickpocket. Don’t actually demonstrate or hand over your pocket to any individual, even when they claim to be police officers. Maintain a satisfied perspective while on a trip. Things can get quite tighten at airports. Tempers work high. The people who work there often have trouble of points. Trying to keep an optimistic attitude about yourself, no less than outwardly, will likely enhance your experience. A negative perspective will rarely get you anyplace. TO ensure you have got a pleasurable and risk-free traveling encounter, be sure your health insurance plans are legitimate in the united states you’re planing a trip to. Doing this will cause you to feel less risky, and help you to take pleasure in your journey. It could avoid huge difficulties down the road should you fall unwell. In locations that provide air-con as a “luxury extra” on vehicles or on the inside movie cinemas, always carry a lightweight shirt or sweater. As an alternative to bringing the warmth to some manageable level, air conditioning in most of these places can be overpowering, particularly if are coming out and in of higher temperature ranges. When traveling using more than 1 kid, consider pre-loading each child’s clothes in a big fridge handbag. These hand bags can be labeled with each time, and so the little ones can certainly discover the apparel they’re planning to use. This stops them from needing to unpack the complete baggage every morning, and in addition decreases the potential risk of items becoming forgotten in the home. As we discussed, there are a variety of things to consider to stay risk-free when you are traveling, whether you’re organising a vacation or already are at the destination. Make sure to continue to keep this post like a checklist so you can be certain to never neglect anything at all you should keep harmless.

  308. Whenever you take a trip, you need to loosen up and revel in your self, not concern yourself with what may well go awry. On this page, you’ll discover plenty of exceptional ideas that will help you whenever you vacation. Continue reading to discover some efficient ways to make the most from your vacationing practical experience. Split up garments between luggage when you are traveling. When traveling with more than one person, break up your outfits involving the specific suitcases. You will discover a possibility you might drop a bag throughout your vacation. When a travelling bag is lost, finding the garments break up makes certain than everyone could have a minimum of one modify of attire offered to them. Take into account arranging a cruise trip for your upcoming journey journey. While you are with a cruise, you do not need to worry about finding areas to enjoy or stay. Excursions on terrain could be organized for yourself through the cruise trip director. Everything is done for you. So, you can easily unwind and appreciate. Experiencing earplugs useful while on a trip helps you to save your sleeping and sanity! Whether it is on the aeroplane or maybe in your hotel, the application of earplugs will enable you to shut out at the very least 50 percent of your disturbances that will provide you with a headaches, stop you from sleeping, or else highlight traveling inside a unfavorable way. Also, they are very cheap so provide a lot. If you have queries about the hotel, the optimum time to contact is just about night. The people operating the desk more than likely aren’t occupied and will be able to offer you their total consideration. In the event you phone during the day, almost certainly they’ve obtained people there face-to-face and others getting in touch with on the phone to distract them. If you are touring with others check and be sure they have got everything they need. At times men and women you will be traveling with can help remind you of items you may well be forgetting to give. They can also present you with some advice about what to bring because they also are probably thinking about what items to provide in the vacation. Now you have some very nice ideas in regards to the techniques to use when you are traveling. The tips in this post have been created to help you every prospective vacationer make best use of time that he / she actually gets to spend traveling and experiencing the wonders on the planet. Since you now are knowledgeable, think about launching the doorways to the world via journey.

  309. Traveling is probably the great joys of numerous men and women. There may be anything about moving new spots, getting together with new people and going through various ethnicities, that will expand your horizons in such a way other activities can’t. Traveling lacks to get pricey neither will you generally have to go to exotic areas, it just should be to someplace where you are open to various encounters. This article will help you to accept traveling as an important part of existence. Roll your garments when packaging your luggage for any trip. Going your outfits up firmly basically will save significant amounts of space when packaging. Make absolutely certain you begin loading, at least, a couple of days just before you have to have your suitcases all set. Rushing leads to very ineffective packaging. When traveling, you can avoid inconvenience and lower traveling dangers by blending in. Don’t dress in pricey jewellery or area-certain fashionable brands that mark you being a visitor. Alternatively, attempt to outfit such as the natives do, and don’t highlight your self. Locally-owned and operated businesses and accommodations are significantly less likely to be a target for terrorists and pickpockets alike. A plastic material sneaker organizer around your accommodation door are able to keep you structured. It is not easy to keep organized out of the house, with minimal to no storage space apart from your baggage. Placed an coordinator around your bath room front door once you show up, the kind together with the crystal clear wallets is advisable. You can use it to hold your necessities and keep them where it’s easy to track down. By heading on the net you can accessibility a lot of info relating to where by the first is vacationing and approximately the region the first is proceeding. Investigating community attractions can help a single pre-plan their getaway before it even commences. Using a strategy in position and information in the place can cause a far more pleasant experience. When traveling by air flow, there is not any lengthier any cause to handle another toiletries handbag. All your liquids and gels will have to squeeze into a Ziplock travelling bag regardless. That bag will already be enclosed, and are smaller and less heavy than any bag selected for the project. 90 percent associated with a great getaway is preparing and data. Possessing look at this post, hopefully, you are now loaded with ideas on getting ready for and living through your upcoming journey out of the house. Utilize everything you have discovered and you are certain into the future home with good recollections of visited destinations.

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