The Simple, Fast and Low Cost Principles of the Civil Verdict Related to the Exception of Obscuur Libels on Land Disputes

Abstract

Exception in the context of civil procedure law means defiance or rebuttal submitted by the defendant against the subject matter of the plaintiff's suit. In the judicial practice of civil cases, there are 2 (two) types of exceptions, namely processual exeptie and processual exceptions out of competence. The provisions of article 136 HIR / 162 Rbg stating that the Exception submitted by the defendant, except for the Unauthorized Court , cannot be submitted and considered separately, but must be examined and decided together with the subject matter, and this decision is always issued by general justice judges in Indonesia regarding the existence of obscuur libel exceptions about land disputes. Legal renewal by replacing the provisions of article 136 HIR / 162 Rbg with new legal provisions authorize judges to impose final and binding interlocutory decisions and closed legal remedies for the parties except giving the plaintiff the opportunity to correct his suits concerning the dispute land and re-enter the lawsuit to the court, and besides that it needs an amandment of the provisions of article 153 HIR / 180 Rbg and SEMA No. 7 of 2001 concerning local inspection with new provisions that provide assertiveness about when the local inspection is ideally carried out after the answer process is completed before the verification process, in order to realize a simple, fast, low cost justuce and object of law, legal certainty and expediency for justice seekers.

Keywords: Obscuur libel Exceptions, Court Verdict, Local Inspection