PERTIMBANGAN HAKIM DALAM PUTUSAN TIDAK DAPAT DITERIMANYA (NO) KARENA KABUR (OBSCUUR LIBEL) ATAS ALASAN TIDAK MENYEBUTKAN PERKARA TERDAHULU YANG TERKAIT (STUDI PERKARA NO. 8/PDT.SUS-HAK CIPTA/2020/PN.JKT.PST)

Based on the purpose of this research, it is to find out the consideration of the District Court judge at the Central Jakarta Commercial Court in giving an obscuur libel assessment as the basis for the inadmissibility of the Plaintiff's lawsuit in Decision Number 8/PDT.SUS-HAK CIPTA/2020/PN.JKT.PST according to the principles of the Law of Civil Procedure and the position of a lawsuit that does not mention other cases behind a lawsuit, which is the background of a lawsuit. This research was conducted based on the normative juridical approach method with an applied judicial case study, examining the Central Jakarta Commercial Court Decision. The type of legal material used in this research can be in the form of primary and secondary legal materials through literature studies by analysing and collecting library materials such as laws and regulations, books, legal research results, legal journals, and legal articles related to the mechanism of decision-making by district court judges related to the inadmissibility of a lawsuit on the grounds of obscene Libel. Based on the results of this study, it can be understood that the basis or reason for the inadmissibility of the lawsuit on the grounds of obscene Libel is because the plaintiff's argument does not explain clearly and clearly the existence of three cases between the Plaintiff, Defendant, and Co-Defendant. that with the existence of these 3 cases, the Plaintiff must describe or explain the existence of these 3 cases in the lawsuit argument. There is a formal defect, which is the basis for the judge to make a final decision by declaring the lawsuit inadmissible. Until now, the procedural law adopted for Java and Madura has been Het Herziene Indonesisch Reglement HIR, which is explained in Article 118 HIR.