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All Journal Unes Law Review Jurnal Ilmiah METADATA International Journal Of Science, Technology & Management (IJSTM) Jurnal Al-Hikmah Jurnal Pengabdian Masyarakat Hablum Minannas Jurnal Meta Hukum
Danial Syah
Universitas Islam Sumatera Utara
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Journal : International Journal Of Science, Technology

 1 
Analysis of Libles Obscuur in Civil Suits in Medan State Court Danial Syah
International Journal of Science, Technology & Management Vol. 2 No. 1 (2021): January 2021
Publisher : Publisher Cv. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46729/ijstm.v2i1.110

Abstract

The research study about first to find out the reasons for the judge declaring a lawsuit unclear or obscure (obscuur libel) and second is to find out the consequences of an unclear or obscure lawsuit (obscuur libel). In this study using qualitative data analysis. The approach method in this research is to use a normative juridical approach, namely an approach that is carried out by collecting secondary data.The results of this study were (1) The reason the judge stated that a lawsuit was unclear or obscure (obscuur libel) were nine factors that caused the claim submitted by the plaintiff to be unacceptable. The nine factors are: (a) The identity of the parties (Plaintiff and Defendant). (b) The object of the lawsuit being litigated is unclear. (c) Petitum lawsuit exceeds the claim posita. (d) Power of attorney does not meet the requirements. (e) The lawsuit is filed by an underage / incapable person. (f) Claims are not filed on time. (g) Incomplete parties. (h) The court is not competent to hear the claim that is submitted. (i) The grounds of the plaintiff's rights are not clear. (2) As a result of a lawsuit is unclear or obscure (obscuur libel), then the person concerned does not accept such a decision, because the decision does not give satisfaction to what he wants from the claim as stated in the lawsuit. Because the verdict cannot be accepted in practice in the District Court based on the consideration that the plaintiff's claim is unacceptable, in fact it is a consideration regarding the subject matter of the case, namely whether the plaintiff is the owner or entitled to the suspect land, it is more appropriate to declare the claim rejected. Therefore, the plaintiff's unclear rights to the object of the lawsuit in dispute are not appropriate to be used as legal considerations to declare the claim unacceptable.
Co-Authors Adil Akhyar Adil Akhyar Ahmad Rusly Purba Budi Santoso Bukhari Bukhari Dhina Syahfira Dikko Ammar Dikko Ammar Doli Suryanto Silaban Eko Prayogi Gema Rahmadani Ibnu Affan Ikhsanul Baginda Harahap indra gunawan purba Krisman Napitupulu M Faisal Rahendra Lubis M. Faisal Rahendra Lubis Maria Rosalina Marlina Marlina Marlina Muhammad Aldwi Ashary Muhammad Aldwi Ashary Muhammad Faisal Muhammad Ilman Dani Lubis Mukidi Mukidi Mustamam Mustamam Mustamam Nelvitia Purba Nicolas Hutagalung Panca Sarjana Putra Rahmatin Triyunda Ramadhan Helmi Riky Rafany Hasibuan Rohadi Rohadi Sisworo Sutarni Sutarni T. Sativa Nazlia Tita Rosmawati Venny Fraya Hartin Nst Yoedi Prayogi Zulkifli AR