TINJAUAN YURIDIS PUTUSAN SELA NOMOR 43/Pdt.G/2023/PN.Mlg DALAM PENYELESAIAN PERKARA PERBUATAN MELAWAN HUKUM AKIBAT TINDAKAN PROVOKASI MEMPOSISIKAN SEBAGAI AHLI WARIS

The background of this research is taken from the case of this Legal Wrongdoing whose settlement process was carried out through litigation at the Malang District Court on the grounds that provocation and intimidation had been carried out by positioning as heirs so that from these actions material losses and non-material losses had been experienced. In the process of resolving this case, the trial flow was not carried out until the final decision but ended with the issuance of an interlocutory decision by the panel of judges with the ruling that the defendant's exception regarding absolute competence had been granted so that the Malang District Court was not authorized to examine and try this case. What became the judge's legal consideration so that he granted the defendant's exception regarding Absolute Competence, namely because there was still a problem of inherited property and its division, which should have been resolved first at the Malang Religious Court, given that both parties to the dispute were Muslim. The purpose of this writing is to find out how the actual trial flow is in the process of resolving this case and what is the belief of the panel of judges so that in their legal considerations and rulings they grant the exception of absolute competence. The method used in this writing is empirical legal research. While the approach method used is a socio legal approach. The results of this study are the case settlement mechanism and analysis of the flow of the trial until the end of the trial with only the issuance of an interlocutory decision.