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YURISPRUDENSI PERKARA PERDATA DALAM PRAKTEK

YURISPRUDENSI PERKARA PERDATA DALAM PRAKTEK

 

 

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)”;

 

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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  220. So, you’re proceeding camping out and also you are wanting to know how to start. Camping is really a rather simple pleasure, but it’s crucial that you make your self conscious of some basic points in relation to camping. This information will aid instruct you on several of the stuff you should know to your getaway. Should you be outdoor camping in a community camping area, be sure you load up shower shoes for everyone in your get together. Not only will they safeguard your toes from the bacteria around the shower area floor, but are great for individuals nighttime runs on the bushes when you should employ the restroom. They may be aged flip flops, Crocs, or even slide-ons. When you have this sight of the fun-loaded camping vacation, many times scratches and cuts just seem to feature all of that fun. Make sure you have a first-support package with you into mother nature simply because accidents just come about, and it’s usually easier to be secure than sorry. With a little luck, it would stay loaded safely and securely aside, but you will get the assurance that you are currently ready if anything does occur. Don’t forget of bringing too much when you have little ones. Camping out is messy business. Children are generally fascinated by dirt. As a result, you will need to recognize that a nice and clean trip is most likely unthinkable. You can certainly not prevent it from occurring, nevertheless, you can load added clothes. Be well prepared! Package in excess for your personal children when you are moving camping. Simply being in the crazy may result in all sorts of messes. Children are seriously interested in the dirt. Youngsters is certain to get dirtier as being the working day continues on. As you can’t do a lot to stop that, you can a minimum of provide thoroughly clean apparel, so long as you helped bring added. Prepare yourself! Make a list of what exactly you need to take with you prior to going camping out. You might think you are efficient at packing, but very little more is more serious than getting out in the midst of the forests and recognizing you did not remember your hypersensitivity medication. Sit down and make up a complete list of everything you might need during the full week prior to your outdoor camping journey. Next time you choose to continue on a camping outdoors journey, don’t be deceived by all of the adverts and revenue lingo by stores and corporations. Don’t be suckered into breaking the bank so that you can buy camping outdoors devices. Utilize this report to have the reputable and cost-effective camping gear you want and have fun.

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  223. Camping out can be one of the most affordable tips to get out of your home and also have a excellent time with your family. Should you be looking for a means to enjoy a bit of time out of the house with your loved ones, camping out can be precisely what you are looking for. Use the tips below to start organizing. Load up several shovels if there are children with yourself on your vacation. Kids love nothing at all better than excavating from the dirt, and getting the right add-ons is essential. In case you have space, take a pail also. The children will gladly amuse their selves inside the dirt whilst you unpack, create camping and make everything that you should do. Being a good manners for some other campers, don’t leave your lighting effects on over night, if you are near to other people. Load up a clock that one could connect to your lighting fixtures that can automatically shut them off after having a a number of time. Leaving behind lighting on over night can be a well-liked complaint amongst most American citizen campers! With camping out, is available the campfire. Be sure your campfire is within an open room and far sufficient far from brush or trees and shrubs therefore you don’t work the risk of a stray ignite catching them on blaze. Encompass the flame with rocks to keep it comprised. Above all, never ever keep any campfire alone. If you want to depart at all, be sure the campfire is extinguished totally. If you are going out for the lengthy anticipated camping trip, don’t forget about to consider alongside your cell phone. You could be inclined to leave all of the sending text messages and telephone calls behind, but your cellular phone may be one of your most essential protection lifelines in case there is an urgent situation. Ensure it is fully charged while keeping it protected against the weather in a plastic-type case or water-proof circumstance. If you are looking at camping outdoors, and you are a new comer to the activity, then you certainly should never get started by itself. It could be rather harmful if you don’t know what you are performing, so it is essential to bring along a highly skilled good friend that will help you find out the ropes. Obviously, camping is an process that can be loved by virtually every person. By applying the things you discovered right now, you may make plans to get a getaway even the pickiest relative can also enjoy. Get outdoors and relish the elegance that character has bestowed for you.

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  229. No matter if you’re organizing an unique trip or getting a spur from the moment jaunt, occasionally, it’s the tiny information that could be the choosing aspect on how much you love your time and energy out and about. The info in this post will assist you to program the ideal vacation. Leave all pointless valuables in the home. You take the health risks of having every little thing thieved from you should you take valuable items along with you. Should you be going to a place that features a liquid-limitation on all liquids you may well be loading, spend money on pub hair shampoos and teeth powder. Surprisingly, you can easily get nightclub shampoo or conditioner and toothpaste offered in powder develop on the web. These materials are an easy way to acquire all around liquid-limits. When traveling in places with dangerous faucet water, recall different ways that you might be subjected. Close up your mouth when using the shower room and clean your teeth simply with taken care of normal water. If one makes herbal tea or caffeine with all the water, allow it to boil for several a few minutes just before steeping. A good small publicity could make you quite sick. Get a journey gown, that is a outfit that may be donned multiple ways. It may be donned like a gown, skirt, tshirt and wrap. You may then package a couple of other components and associated things, that will help save plenty of place with your luggage for those souvenirs you would like to provide property. Consider a few clothespins together with you once you travel. It is really an unusual item to take into account packaging, even so they can be very helpful. If you’re having a luxury cruise, make sure you bring a small working day case along. You’ll find that your suitcases won’t be available immediately if you table the dispatch. So you’ll need to have a handbag having a swim go well with, a magazine, another transform of clothes in it, and anything else you will need without delay. Regardless of where you need to go, organizing will make your trip all it can be. Take advantage of the advice you’ve study on this page to acquire the most out of your touring encounter.

  230. Outdoor camping delivers us a wonderful way to commit a vacation, or just obtaining a weekend break away from it all. Soothing from the tranquility of nature and understanding how to hop on without having modern day benefits is definitely an experience everyone ought to try out at least one time! Read on for several great guidance on how you can make the most of your camping outdoors vacation. An incredible object to get within your camping rucksack when moving from the again country is a Ziploc case loaded with dryer lint. There is absolutely no greater fireplace beginning materials than dryer lint. It would carry a kindle and acquire your flame heading efficiently and quickly. Dryer lint requires almost no area with your load which is very lightweight. With outdoor camping, arrives the campfire. Ensure your campfire is a wide open room and far sufficient clear of brush or trees so you don’t operate the danger of a stray ignite capturing them on fire. Encircle the blaze with rocks to help keep it contained. Most of all, never ever abandon any campfire alone. If you need to abandon for any excuse, ensure that the campfire is extinguished completely. With camping out, comes the campfire. Be sure your campfire is at an open space and significantly adequate far from remember to brush or trees so that you don’t manage the chance of a stray ignite catching them on fireplace. Encircle the blaze with rocks to help keep it covered. Above all, in no way keep any campfire unattended. If you wish to leave at all, make sure the campfire is extinguished entirely. Be-versed in urgent first-aid if you intend on camping out out, especially when you will find children with you. Incidents occur, and taking the right measures will assure you are aware how to improve a bad situation. You must also check out the area you plan on outdoor camping in. What are the poisonous snakes, vegetation or other points you need to understand prior to set off? As you now know, camping, when a lot of fun, does need a large amount of understand how and prep. Be sure that you are prepared for something which might be cast towards you by put into action the ideas you possess just study in this post. Applying this suggestions is the best way to guarantee you possess an pleasurable trip.

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  234. Do you want to go outdoor camping, but do not have the available funds to do so? Should you answered sure, then don’t worry. You cans right up until go camping outdoors without spending lots of money. All that you should go camping outdoors is affordable devices, which article may help you learn that gear. Whilst a campfire gives off sufficient lighting inside the common area surrounding it, you wish to be sure you take along a flashlight on your own outdoor camping vacation if you intend to enterprise away from the campfire’s gleam. This really is a distinct basic safety precaution you don’t would like to ignore. It can be very darkish available in the forests at nighttime. If you’d prefer to stop mosquito bites, but would like to stay away from harsh substances, utilize an orange remove rather. Rub the orange peel around revealed places of the skin, such as the the neck and throat, arms, experience and thighs and legs to normally get rid of mosquitoes. Not only will the orange peels feel great onto the skin than classic repelling chemical substances, but they will aroma far better, as well! While you have this sight of any enjoyable-packed camping out vacation, often scrapes and slices just appear to come with all of that exciting. Make sure to require a initially-aid package together with you into the outdoors simply because mishaps just happen, and it’s constantly easier to be secure than sorry. With a little luck, it would remain packed safely and securely away, but you will get the reassurance you are well prepared if one thing does come about. Whenever you load up increase your camping site to travel residence, depart several logs and a few kindling for the upcoming camping team that comes alongside. When you have ever arrived at your web site in the evening, you understand how difficult it could be to get firewood! It’s an extremely good pay out-it-forwards touch which will probably help you more than you can imagine. If you are searching for outdoor camping, and also you are new to the action, then you must not start off on your own. It could be really risky should you don’t know what you will be doing, so it is essential to take along an experienced buddy that will help you find out the ropes. Mother nature has so much more to offer you us over a holiday than the usual theme park or sandy seashore get the most from your camping outdoors vacation by following the useful guidance in the following paragraphs. There are lots of aspects to consider in order to make your camping endeavor a success, so make certain you’ve taken care of each of the bases and so are prepared for anything at all!

  235. Whether or not you’re preparation an exotic getaway or getting a spur in the moment jaunt, at times, it’s the little information that can be the determining aspect about how very much you love your time away from home. The details in this article can help you prepare an ideal escape. Abandon all needless belongings in the home. You are taking the potential risks of having almost everything stolen of your stuff if you do take valuables along. If you are visiting an area that features a liquefied-constraint on all liquids you may be preparing, put money into pub hair shampoos and teeth powder. Truth be told, you can actually discover pub hair shampoo and toothpaste available in powder type on the internet. These products are a fantastic way to have around liquefied-restrictions. When traveling in countries with hazardous plain tap water, recall other ways that you could be revealed. Close the mouth area when using the shower room and clean your pearly whites simply with dealt with drinking water. If one makes teas or coffee using the normal water, give it time to boil for many minutes or so before steeping. Even a small coverage could make you really sickly. Purchase a vacation outfit, that is a garment that could be put on a number of ways. It could be used as being a gown, skirt, tee shirt and wrap. You can then load up several other add-ons and related products, that will save lots of room in your travel suitcase for the mementos you would like to provide house. Acquire a few clothespins along with you if you traveling. It is really an strange item to take into account packing, even so they could be rather beneficial. If you’re taking a cruise trip, be sure you deliver a tiny day case together with you. You’ll discover that your baggage won’t be available right away when you board the deliver. So you’ll want a travelling bag by using a swim fit, a book, an additional alter of clothes in it, and anything else you will need straight away. Irrespective of where you want to go, planning will make your journey all it could be. Utilize the guidance you’ve read through right here to have the most from your travelling practical experience.

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