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PENERAPAN HUKUM TERHADAP GUGATAN REKONVENSI PADA PUTUSAN HAKIM NOMOR 17/Pdt. G/2007/PN. Pbg.


By admin - Posted on 09 Oktober 2012

JudulPENERAPAN HUKUM TERHADAP GUGATAN REKONVENSI PADA PUTUSAN HAKIM NOMOR 17/Pdt. G/2007/PN. Pbg.
Publication TypeThesis
Year of Publication2012
AuthorsTOSCHANI DENICO
AdvisorDrs. Antonius Sidik Maryono, S. H. MS, Rahadi Wasi Bintoro, S. H. MH
Academic DepartmentFakultas Hukum UNSOED
DegreeS1
UniversityUNIVERSITAS JENDERAL SOEDIRMAN
CityPURWOKERTO
Abstract

The suit is a counterclaim against the defendants countered opponents litigants. Arrangements regarding the lawsuit counterclaim contained in Article 132 a and 132 b Herziene Inlandsch Reglement (HIR). Regulation of the counterclaim in a lawsuit is the both article is limited to a few things, namely understanding, the right of defendant to counterclaim filed, the filing and examination procedure in court. In fact, the case of a lawsuit counterclaim undergone many developments that Article 132 a and 132 b HIR can no longer accommodate it, therefore it appears the rules of the counterclaim in a lawsuit out of HIR, including in the jurisprudence and doctrine. One of the developments contained in the counterclaim lawsuit in Decision No. 17/Pdt. G/2007/PN. PBG. In the lawsuit counterclaim against the plaintiff not only addressed the Convention (early) as opposed to the litigants, but further action is also addressed to the Defendants counterclaim I of the Convention (early) in a way to seat Defendant Defendant Also I of the Convention as a counterclaim. Basically the law of civil procedure do not know the term Participate counterclaim defendant
On Decision Number 17/Pdt. G/2007/PN. PBG, the judges decided to reject the conventions and the state tort lawsuit counterclaim can not be accepted (Niet Onvankelijk verklaard) with the consideration that the convention for the lawsuit, plaintiff can not prove their existence is considered a legal relationship with the sale of Defendant II, so that there can be no further injury promise. The lawsuit counterclaim can not be accepted because the judges decided to grant an exception Defendants Also counterclaim and counterclaim arguing that positioned Defendants I of the Convention as a counterclaim defendant has violated the rules of procedural law and the common standard. Sources of law used by judges in the Supreme Court judgment Number 636 K/Pdt/1984.
This study aims to determine how the application of the law made by judges of a lawsuit counterclaim especially those that occur in Decision Number 17/Pdt. G/2007/PN. PBG. In addition, this study also aimed to determine the extent to which legal consequences a.rising from the Decision Number 17/Pdt. G/2007/PN.Pbg. Keywords: suit, counterclaim