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PUTUSAN PENGADILAN SEBAGAI PRODUK HAKIM

LAW FIRM APPE HAMONANGAN HUTAURUK & ASSOCIATES
_______________________________________________________________

PUTUSAN PENGADILAN SEBAGAI PRODUK HAKIM

 

 

Ex officio,  dalam rangka menjalankan kekuasaannya maka Hakim berkewajiban mengadili seluruh bagian gugatan. Putusan Mahkamah Agung Republik Indonesia Nomor 1992 K/Pdt/2000 Tanggal 23 Oktober 2002, dalam pertimbangannya menyatakan: “Bahwa mengenai keberatan 1 dapat dibenarkan karena putusan Judex Factie yang telah membatalkan putusan Pengadilan Negeri Bandung tanpa mempertimbangkan eksepsi Tergugat sehingga putusan Judex Factie harus dinyatakan putusan yang tidak sempurna (onvoldoende gemotiverd) … bahwa keberatan 3 juga dapat dibenarkan karena Judex Factie pertimbangannya kurang mengenai sita jaminan”.

Prinsip hukum  “ultra petitum partium”an sich merupakan asas hukum yang membatasi Hakim untuk tidak memutus melebihi yang dituntut atau mengabulkan apa yang tidak dituntut oleh para pihak. Prinsip hukum yang demikian ditegaskan kembali dalam Putusan Mahkamah Agung Republik Indonesia Nomor 2831 K/Pdt/1996 Tanggal 7 Juli 1999, yang dalam pertimbangannya menyebutkan: “Bahwa dalam amar ketiga dalam pokok perkara yaitu “Menghukum Tergugat III untuk membayar sisa dari klaim asuransi yang belum dibayarkan kepada Penggugat sebesar Rp. 280.626.280,- (dua ratus delapan puluh juta enam ratus dua puluh enam ribu dua ratus delapan puluh rupiah)” adalah merupakan putusan yang melebihi yang diminta sedangkan hal tersebut tidak dituntut oleh Penggugat, lagi pula diktum tersebut tidak ada kaitannya dengan materi gugatan”.

Putusan Hakim yang melebihi tuntutan masih dapat ditolerir  sepanjang putusan tersebut  masih selaras atau memiliki relevansi yang signifikan dengan gugatan Penggugat, sebagaimana diseutkan  dalam Putusan Mahkamah Agung Republik Indonesia Nomor 140 K/Sip/1971 Tanggal 12 Agustus 1972.

Secara umum, KONSEP DASAR  dari Hukum Acara Perdata yang diterapkan di Indonesia sebagai ius constitutum,  meliputi  hal – hal sebagai berikut:

  • Hukum acara mengatur hal – hal yang wajib, tidak wajib (bersifat kebolehan), dan tidak boleh dilakukan oleh Hakim dalam menerima, memeriksa, mengadili, memutus, dan menyelesaikan suatu perkara perdata.
  • Hukum acara  mengatur tentang akibat hukum dari Putusan Hakim yang bertentangan dengan aturan – aturan Hukum Acara Perdata.
  • Hukum acara memberi batasan dan/atau pengecualian terhadap aturan – aturan imperatif tertentu sehingga memberi ruang penafsiran yang cukup pada Hakim dalam melakukan diskresi terhadap proses beracara, dalam konteks pengejawantahan asas Rechtsvinding. Hakim dapat mengesampingkan  suatu aturan yang bersifat imperatif dalam keadaan tertentu sebagai wujud lain dari diskresi Hakim. Diskresi dimaksud harus diimplementasikan secara hati – hati dan bertanggung jawab disertai dengan argumentasi hukum yang kuat dan bermuara pada tujuan bagi terwujudnya keadilan, kebenaran dan kemanfaatan hukum sesuai dengan tugas hukum yang bersifat dwitunggal yaitu memberi kepastian hukum dan kesebandingan hukum.

 

Writer and Copy Right:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

______________________

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  • Mengajak VENDOR untuk memasang iklan pada artikel – artikel di website https://beritahukum-kebijakanpublik.com dengan langsung menghubungi saya;
  • Mempersilahkan rekan – rekan dan khalayak umum untuk mengcopy seluruh konten yang terdapat dalam website https://beritahukum-kebijakanpublik.com. Akan tetapi sebagai ungkapan KEPEDULIAN kiranya berkenan memberikan partisipasi sukarela melalui transfer ke rekening Bank BNI No. 0263783536 atas nama APPE HUTAURUK.

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Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "BERITA HUKUM & KEBIJAKAN PUBLIK" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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