ANALISIS YURIDIS EMPIRIS PENERAPAN RENVOI DALAM GUGATAN PERDATA TERHADAP PUTUSAN 221/Pdt.G/2024/Pn.Kpn TENTANG PERBUATAN MELAWAN HUKUM

Renvoi or revision of the lawsuit as regulated in Article 127 of the Regulation on Rechtsvordering (Rv) is a mechanism in civil procedural law that aims to ensure that the lawsuit is drafted carefully, clearly, and does not create legal uncertainty during the case examination process. This provision allows the plaintiff to amend the lawsuit as long as it does not change or add to the main case or petitum. This research focuses on examining the application of Article 127 Rv in lawsuit Number 221/Pdt.G/2024/PN.Kpn and the problems that arise in judicial practice. The research method used is empirical juridical legal research with a qualitative descriptive approach. The research data consists of primary data and secondary data. Primary data was obtained through direct observation of the trial process and analysis of case documents, including the lawsuit letter, amendments to the lawsuit, the parties' responses, and court decisions. Meanwhile, secondary data was obtained through a literature study that includes laws and regulations, legal doctrine, as well as literature and scientific journals relevant to civil procedural law and renvoi. The research results indicate that normatively, amendments to a lawsuit are permitted as long as they do not change the basis of the lawsuit, the subject matter, or the petition. However, in the case practice studied, lawsuit amendments were found that went beyond the provisions of Article 127 Rv, such as adding a petition and changing the substance of the basis of the lawsuit. This situation reflects a discrepancy between civil procedural law theory and judicial practice, potentially disrupting the principle of legal certainty and the defendant's right to defense. Therefore, a more consistent understanding and application of Article 127 Rv by judges and legal practitioners is needed to ensure that the renvoi mechanism remains within the framework of civil procedural law, which upholds the principles of justice and legal certainty.