MATERI UJIAN TENGAH SEMESTER (UTS)

PRAKTEK PERADILAN PERDATA, TAHUN AKADEMIK 2020

 

Fakultas                   : HUKUM
Jurusan                    : Ilmu Hukum
Mata Kuliah                : PRAKTEK PERADILAN PERDATA
Hari, Tanggal              : Kamis, 11  Juni  2020
Waktu                      : 60 (enam puluh) menit.      
Dosen                      : APPE HUTAURUK, SH., MH.
NIDN                       : 0307036803

 

 

KETENTUAN UJIAN:

  1. Tidak dibenarkan membuka buku referensi atau catatan;
  2. Tidak dibenarkan membuka situs google atau yang lainnya melalui media elektronik;
  3. Tidak dibenarkan bekerja sama;
  4. Jawaban harus ditulis dengan huruf kapital dan jelas dibaca;
  5. Mematuhi tata tertib yang ditentukan oleh universitas dan/atau fakultas;
  6. Mahasiswa yang melanggar ketentuan ujian diatas, dikenakan sanksi yang tegas;

 

PERTANYAAN:

  1. Jelaskan secara sistematis mengenai prosedur dan tahapan beracara di persidangan Pengadilan Negeri dalam perkara perdata antara “Gugatan Contentious Jurisdiction” dan “Gugatan Sederhana” (Small Court).

 

  1. Kaidah – kaidah hukum yang terdapat dalam “YURISPRUDENSI” merupakan salah satu sumber hukum meskipun pada hakekatnya sistem peradilan perdata di Indonesia tidak menganut Asas Preseden, seperti sitem peradilan negara – negara Anglo Saxon yang menganut “Common Law System” dimana yurisprudensi bersifat “The binding force of precedent”. Jelaskan syarat – syarat suatu Putusan Hakim (Putusan Pengadilan) agar dapat dikategorikan sebagai yurisprudensi.

 

  1. Jelaskan secara seksama dan konkrit perbedaan antara “Gugatan Perwakilan Kelompok (Class Action atau Representation Action) dengan “Kumulasi Subyektif” dan “Kumulasi Obyektif”.

 

  1. Jelaskan ketentuan – ketentuan yang prinsip antara perbedaan mengajukan gugatan dengan dasar karena adanya peristiwa “WANPRESTASI atau BREACH OF CONTRACT” dengan karena adanya peristiwa “PERBUATAN MELAWAN HUKUM atau ONRECHTMATIGE DAAD/UNLAWFUL ACT”, ditinjau dari Posita (Fundamentum Petendi) dan Tuntutan (Petitum). Jelaskan apakah kedua dasar gugatan tersebut dapat digabung dalam 1 (satu) Surat Gugatan.

 

  1. Jelaskan perbedaan pengertian “Nebis in idem” dengan “prejudicieel geschil” ditinjau dari aspek Praktek Peradilan Perdata. Jelaskan pula apakah Putusan Pengadilan yang menyatakan “gugatan tidak dapat diterima atau niet ontvankelijke verklaard (NO)” apabila diajukan kembali ke Pengadilan dapat dikualifikasikan sebagai perkara “Nebis in idem”. Dalam hal apa saja ketentuan mengenai “prejudicieel geschil” dapat diterapkan.

 

 

SELAMAT UJIAN DAN HARAP TENANG

“Anda harus mempunyai tujuan jangka panjang agar tidak frustrasi terhadap kegagalan jangka pendek”

CHARLES NOBLE 

 

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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