Legal Literacy - In law civil procedure, distinguishing the types of claims is the most important basis for proceeding so as not to make mistakes in submitting cases to court. Claims consist of 2 types, namely applications and lawsuits. Then what are the definitions and differences between the two?
Understanding Claims
A claim is essentially a form of action taken in civil procedural law to obtain protection of rights and prevent eigenrichting or taking the law into one's own hands when facing a dispute or problem concerning civil matters. According to Prof. Sudikno Mertokusumo in his book entitled Indonesian Civil Procedure Law, a claim of right filed with the court must meet the main requirement, namely the existence of sufficient legal interest in order to be processed by the court. This legal interest is also referred to as Point d'interest, Point d'action.
The necessity of legal interest in filing a claim of right is clearly regulated in jurisprudence, namely in the Supreme Court Decision dated July 7, 1917 No. 294 K /Sip/1917 which requires the existence of a legal relationship in filing a claim of right. The claim of right itself consists of petitions and lawsuits.
Although the principle of 'point d'interest, point d' action' is said to be a main requirement in filing a claim of right, the lecturer of Civil Procedure Law, Dr. Asep Iwan Iriawan S.H., M.Hum, stated that this principle does not fully apply absolutely. This is because nowadays, in accordance with the times, various types of claims of right have emerged whose filing is based on the representation of the legal interests of other parties, such as in the types of lawsuits class action, lawsuits citizen law suit, and organizational lawsuits (legal standing).
Understanding Applications and Lawsuits
A petition, also known as Jurisdictio Voluntaria, is a type of claim of right that does not contain a dispute and is submitted to the court to obtain a determination. Examples of petitions include applications for changes of identity in deeds and securities, applications for determination of heirs, and the like. Meanwhile, a lawsuit, also known as Jurisdictio Contentiosa, is a type of claim of right that contains a dispute within it, and is filed with the intention of seeking a judge's decision regarding a dispute that occurs between the two parties. In a lawsuit, there are at least 2 or more parties acting as the plaintiff (the person who sues) and the defendant (the person being sued).
Retnowulan Sutianto argues that in a lawsuit there is one or more people who feel that their rights or their rights have been violated, but the person who is deemed to have violated their rights or their rights, does not want to voluntarily do what is requested. Therefore, in this case, a judge's decision is needed to determine who is right and entitled to the object of the dispute. An example of a lawsuit is a lawsuit in a land dispute case or a business dispute lawsuit between companies.
Absolute Competence and Relative Competence in Filing Claims
An important thing to note when filing a claim, whether in the form of a petition or a lawsuit, is the matter of competence. In order for a petition or lawsuit to be correct, knowledge regarding the competence of the court is required when filing it. As in criminal procedure law, the concepts of absolute competence and relative competence must also be applied when filing civil cases.
Absolute competence refers to which court has the authority to handle the civil case in question. As we know, there are 4 courts that are directly under the Supreme Court, namely the General Court (District Court and High Court), the Religious Court, the Military Court, and the State Administrative Court. Applying the principle of absolute competence means filing claims in accordance with the duties and functions of each of these courts.
An example of the application of relative competence is if civil society wants to file a lawsuit regarding a land dispute, then the lawsuit must be filed with the General Court, or if there is a dispute over the granting of inheritance related to waqf land, then this type of lawsuit must be filed with the Religious Court. Or in another example, in divorce cases for Muslims, the submission of the lawsuit is delegated to the Religious Court in accordance with Law Number 1 of 1974 concerning Marriage.
Unlike relative competence, absolute competence speaks more to the jurisdiction of which regional court is authorized to adjudicate civil cases and accept claims. In civil lawsuits, relative authority regulates the division of adjudicating power between similar courts depending on the domicile of the defendant. This is in line with the provisions contained in Article 118 HIR. The principle of Actor Sequitur Forum Rei, which means that a lawsuit must be filed at the defendant's domicile, is the main basis for applying the concept of relative competence. For example, if the defendant lives in West Jakarta, then the court authorized to hear the lawsuit is the West Jakarta District Court.
References
Mertokusumo, Sudikno. .2013. Indonesian Civil Procedure Law (Revised Edition). Cahaya Atma Pustaka, Yogyakarta.
Sutianto, Retnowulan. Iskandar Oeripkartawinata. 2019. Civil Procedure Law in Theory and Practice (Revised Edition). CV Mandar Maju Publisher, Bandung.
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