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:
- Tidak dibenarkan membuka buku referensi atau catatan;
- Tidak dibenarkan membuka situs google atau yang lainnya melalui media elektronik;
- Tidak dibenarkan bekerja sama;
- Jawaban harus ditulis dengan huruf kapital dan jelas dibaca;
- Mematuhi tata tertib yang ditentukan oleh universitas dan/atau fakultas;
- Mahasiswa yang melanggar ketentuan ujian diatas, dikenakan sanksi yang tegas;
PERTANYAAN:
- Jelaskan secara sistematis mengenai prosedur dan tahapan beracara di persidangan Pengadilan Negeri dalam perkara perdata antara “Gugatan Contentious Jurisdiction” dan “Gugatan Sederhana” (Small Court).
- 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.
- Jelaskan secara seksama dan konkrit perbedaan antara “Gugatan Perwakilan Kelompok (Class Action atau Representation Action)” dengan “Kumulasi Subyektif” dan “Kumulasi Obyektif”.
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- 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
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