PERTIMBANGAN HUKUM HAKIM DALAM MEMUTUSKAN GUGATAN TIDAK DAPAT DITERIMA TERKAIT GUGATAN KURANG PIHAK (Analisis Putusan Pengadilan Negeri Nomor 84/pdt.g/2022/PN.Mlg)

The lawsuit submitted must meet the formal requirements stipulated in article 8 paragraph (3) Rv (Reglement op de Burgerlijke Rechtsvordering) which requires to contain the
identities of the parties, concrete postulates that are used as the basis and reasons for the lawsuit or better known as Fundamentum petendi (posita), and petitum or demands. The Panel of Judges decided that the plaintiff's lawsuit was unacceptable. The above considerations form this decision. Since the plaintiff's lawsuit is inadmissible, the judge will not consider any more evidence of letters and witness statements from both parties. That there is no inconsistency between the judge's consideration and the verdict. In Indonesia's positive legal system, a decision that does not match the considerations and the merits of the decision can be considered
as an error or omission, in accordance with Article 67 of Law Number 14 of 1985 jo. Law 5 of 2004, in connection with the Constitution of the Supreme Court Number 3 of the 2009 UUMA.
The ver