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All Journal Jurnal Bina Mulia Hukum
Sujayadi Sujayadi
Faculty of Law Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice

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ACTOR SEQUITUR FORUM REI: A THEORITICAL STUDY Sujayadi Sujayadi; Tata Wijayanta; Herliana Herliana
Jurnal Bina Mulia Hukum Vol. 7 No. 2 (2023): Jurnal Bina Mulia Hukum Volume 7 Number 2 Maret 2023
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v7i2.896

Abstract

The actor sequitur forum rei principle is the primary basis for determining the relative competence of civil courts in countries that adopt civil law systems. In this article, the role of the actor sequitur forum rei will be examined theoretically by analyzing theories related to personal jurisdiction, categorization of jurisdiction, and procedural justice theory. The analysis results indicate that actor sequitur forum rei is founded on the theory of power and is classified as a "connected" jurisdiction with a general nature, as jurisdiction is linked to the defendant's domicile. It enables the defendant to be sued in the forum of their domicile at any time and for any reason. Additionally, according to procedural justice theory, actor sequitur forum rei is shown to provide the defendant with protective aspects.
Co-Authors Herliana Herliana Tata Wijayanta