Rezky, Aulia Rahman (2025) ANALISIS AKIBAT HUKUM GUGATAN SEDERHANA YANG TELAH DINYATAKAN CACAT FORMIL KEMUDIAN DIAJUKAN KEMBALI DALAM GUGATAN SEDERHANA NOMOR 65/PDT.G.S/2024/PN.SBY YANG DIKABULKAN OLEH HAKIM PADA PENGADILAN NEGERI SURABAYA. Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
A lawsuit which was previously declared unacceptable in decision number 26/Pdt.G.S/2024/PN.Sby (objection) then declared accepted by the judge in case number 65/Pdt.G.S/2024/PN.Sby, thus encouraging researchers to analyze the legal consequences of a small claim court which had been declared formally defect then resubmitted in small claim court number 65/Pdt.G.S/2024/PN.Sby which was granted by the judge at the District Court Surabaya.
This research aims to analyze the legal consequences of a simple lawsuit which has been declared formally defective and then resubmitted in simple lawsuit number 65/Pdt.G.S/2024/PN.Sby which was granted by the judge at the Surabaya District Court. Using empirical juridical research methods which based on the direct involvement of researchers in handling case number 65/Pdt.G.S/2024/PN.Sby, the author obtained results that claims that have been declared unacceptable (Niet Ontvantkelijke Verklaard) are valid to be resubmitted for a new case because ne bis in idem principle is not attached to the lawsuit, but for the lawsuit the contents and materials of the lawsuit must be revised so that there are no longer elements of formal defects in the lawsuit. The advice is that judges as examiners should be more careful in examining plaintiffs' claims, so that claims that formally defect declared unacceptable by the judge.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202110110311487 |
Keywords: | Simple Lawsuit, Formal Defect, Resubmission of Lawsuit |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202110110311487 rezkyrahman87 |
Date Deposited: | 22 Jan 2025 04:22 |
Last Modified: | 22 Jan 2025 04:22 |
URI: | https://eprints.umm.ac.id/id/eprint/13878 |