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Recognize Differences in Rejected Verdicts and NO Verdicts

SARI LAW OFFICE When filing a civil lawsuit to the court, there are 3 rulings that can be decided by the judge, namely The Verdict Received, The Verdict Rejected and the No Verdict (unacceptable). For some people may not yet know the difference between the Rejected Verdict and the NO Verdict (unacceptable). Therefore, we have described it briefly in an article titled "Recognize differences in Rejected Verdicts and NO Verdicts"

What Is a Rejected Verdict and NO Verdict?

Rejected Verdict is a verdict on a case that has been examined up to the point of its case, while the No Verdict (Niet Ontvankelijke Verklaard / Unacceptable) is a ruling stating that the lawsuit is unacceptable for reasons of disability lawsuit formil. So against the verdict NO can be filed a re-lawsuit

Some Reasons for Verdict NO:

  1. the lawsuit has no legal basis;
  2. lawsuit error in persona in the form of disqualification or plurium litis consortium;
  3. claims contain defects or libel obscuur; Or
  4. the lawsuit violates absolute or relative jurisdiction (competency) and so on.

How to Avoid Verdict NO

 

  1. The submission of information to the author of the lawsuit must be clearer and more detailed so that the lawsuit is not NO. if the lawsuit is dropped NO, it will be very detrimental because it is tired of litigation, costs a lot, finally the lawsuit should be repeated with a new lawsuit.
  2. Be careful when filing a lawsuit, know all parties carefully and include as a party in the lawsuit so that no one is left behind, as well as against the object of the lawsuit in order to be clear of its identity, including if the object is ground so that the boundaries and comparisons are clear so as not to misconduct the object.

Conclusion:

In filing a lawsuit, the parties involved must be thorough first, the object must also be clear, the comparison, the limits, if it gets wrong, must be a new lawsuit.

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Criminal and Civil Checks Simultaneously? Better Do This!

Sari law Office – When sued or exposed to legal problems, most people who feel objectionable will probably do some resistance, one of which is to try to report to the police (criminal). However, being sued is a non-criminal (Civil) matter. Then there is no denying that a person can be examined criminally and civilly simultaneously. It's best to do this given that there's still a way to deal with it: request a suspension of police checks. Is this way well done? What is the legal view of this way? Everything we've covered in the article titled: "Criminal and Civil Review Simultaneously? Better Do This!"

 

1. Requesting Deferred Investigation by The Police is Important

 

We can request a deferred investigation by the police pending a civil verdict of the lawsuit that has been filed in advance.This is important given that criminal and civil checks can simultaneously interfere with other ongoing legal proceedings. Therefore,

  • Do not be criminally examined as well as litigation in court,
  • Do not let the police examine the result of a police report against a person who is litigation in a civil case in court against the object of the same dispute because criminal proceedings can be suspended by the police pending a civil ruling in advance.

2. Feel Free to Request Deferred Investigation by Police

 

We should not hesitate to request a deferred investigation by the Police as it is a legal right. If anyone says it's wrong, we can oppose it because it's mentioned in Supreme Court Rule No.1, 1956 ("Perma 1/1956"). in article 1 Perma 1/1956 stated:

"If a criminal case examination is to be decided in the case of a civil case on an item or about a legal relationship between two specific parties, then the criminal case examination may be suspended to await a court ruling in the examination of a civil case about the civil rights or the absence of that civil right."

3. No Need to Worry, Requesting Deferred Examination by Police Is Often Done

 

For example, the police report in Bali Police, A warga mengwi reported by B warga mengwi also on charges of making a false pedigree. Police were called multiple times to reports to be examined after other witnesses had been examined. On the other hand, the A is suing the genealogy in question and the object of the land referred to in the lineage so that with evidence there is a case in the civil court finally the police examination can be suspended or postponed.

 

Conclusion:

Thus, if there is a criminal case to be decided on a civil matter or about a legal relationship between two specific parties, the examination of the criminal case may be suspended, pending the decision of the Civil Court.

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10 Terms In Criminal Justice To Know

Sari Law Office – In criminal justice, we often hear the terms of criminal law. From that term, many people do not understand or are still public about the law. Therefore, on today's occasion, we summarize 10 criminal justice terms that need to be known. Elaborated in full with their respective explanations to be easy to understand and can add insight into our laws.

1. Report

A report is a person's notice due to his or her obligations or his or her rights under the Law to the authorized official about having, being, or suspected of a criminal event.

2. Complaint

A complaint is a notice accompanied by a request from an interested party to the authorities to crack down on the law of a criminal who commits a complaint that harms him.

so anyone can report an incident, but the complaint can only be filed by the person who has the right to file it

 

*article 1 numbers 24 and 25 kuhap and r. tresna, azas azas criminal law in the discussion of some important criminal acts

3. Investigation

An investigation is a series of actions of investigators seeking and finding an event that is suspected to be a criminal offence in order to determine the conduct of the investigation

4. Investigation

An investigation is a series of actions of investigators to search and gather evidence to make light of the crimes that occurred and find the suspect.

 

So the investigation is the initial act of the investigation, so the investigation is a separate part of the investigative function

 

*chapters 1 numbers 2 and 5 kuhap and m. yahya harahap, discussion of problems and application of kuhap : and linking ( p. 101).

5. Evidence

An item can be referred to as evidence if it meets the following elements:

  1. objects or charges that are all or partly suspected of being obtained from a criminal act or the result of a criminal act
  2. objects used directly to commit criminal acts or prepare them
  3. objects used to obstruct the investigation
  4. special objects made and intended to commit criminal acts
  5. other objects that have a direct connection to the crime.

 

6.Proof tools

Legitimate evidence tools consist of witness statements, expert information, letters, instructions, and statements of the accused. In addition, it is also known that the expansion of evidence tools in the form of electronic evidence tools that are evidence tools in order to law enforcement at the request of police, prosecutors, and or other law enforcement institutions.

"article 39 paragraph (1) and article 184 paragraph (1) kuhap jo. article 5 paragraph (1) and (2) law ite jo. verdict mk 20/2016(p.97-98)

7. Indictment

The indictment in the indictment is for prosecutors to read at the beginning of the trial at the request of the presiding judge of the trial, which contains the article of the indictment, but does not yet contain the prosecution.

8. Demands

the prosecution's claim stipulated by the public prosecutor to be filed after the examination at the trial is declared complete which contains the prosecution demands for the defendant.

"article 140 paragraph (1),article 155 paragraph (2),and article 182 paragraph (1) letter a kuhap

9. Confinement

confinement is charged to the offender or in exchange for a criminal conviction that is not paid, for between 1 day to 1 year, but can be extended as a maximum prison term of 1 year 4 months and there is a duty of employment that is lighter than the work obligation of the convicted prison

10. Prison

imprisonment is impose on the offender for life or for a certain period of between 1 day and 20 consecutive years and is charged with certain work obligations within the term of the sentence.

"article 12, article 14, article 18 paragraphs (1) and (3), article 19 paragraph(2), and article 30 paragraph (2) of the

 

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