Legal Literacy - In a civil case, the Defendant or Co-Defendant will dispute/refute the Plaintiff's claim. One of the arguments that can be put forward in the answer is an exception error in objecto or an error in the object of the lawsuit. An error in determining the object of the dispute will result in the lawsuit being declared inadmissible.

Exception Error in Objecto In the Answer

In accordance with the order of civil case proceedings that apply in the District Court, if mediation fails to reach a peace agreement, the trial will be continued on the examination of the subject matter with one of the agendas being the exchange of arguments before the parties carry out evidence. The Plaintiff will be given the opportunity to read out the lawsuit and then the Defendant prepares an answer to respond to the Plaintiff's claim.

The answer is the right of the defendant to refute the arguments submitted by the Plaintiff. This is in accordance with the main principle in civil procedural law, namely the principle of audi alteram partem, which essentially requires the judge who tries the case/dispute to provide equal opportunities to the parties to defend their respective interests.

Regarding the format of the answer itself, it is not regulated in detail and firmly in positive law or applicable laws and regulations. This is different from the preparation of a letter of claim which is required to meet formal and material requirements. What must be included in the answer are the exception arguments and the rebuttal arguments against the subject matter. In the exception, the Defendant/Co-Defendant will usually convey the argument that the Plaintiff's claim does not meet the formal requirements, such as the object of the claim is not clear (error in objecto), the claim is the wrong party (error in persona), or the arguments in the claim are not clear (Obscuur Libel).

The error in objecto exception is essentially an error regarding the object of the dispute. In a civil case, there is an object of dispute that forms the basis of the claim. For example, in a civil case regarding a land ownership dispute, the object of the dispute is land/land. The Plaintiff must be able to clearly and firmly describe in the letter of claim the physical data of the object of the dispute such as the area of land/land, boundaries, and basis of rights. If it cannot be described completely and clearly, the claim has the potential to be declared inadmissible.