YOGYAKARTA - Before knowing more about the meaning of the exception being rejected, it would be nice if we first find out what the definition of the exception is.

The reason is, the exception is a component of the Defendant's answer to the lawsuit filed by the Plaintiff. The exception basically creates a rebuttal of a certain rebuttal, namely an unrelated tank or accusation.

directly the subject of the case. The exception basically questioned the formal validity of the Plaintiff's lawsuit.

In its development, it is proven that the exception does not involve mere formal originality issues, but concerns the subject matter of the case which considers whether or not the subject examination of the case can be continued.

Eksepsi secara garis besarnya meliputi eksepsi kewenangan mengadikan dan eksepsi kecuali kewenangan mengadikan. Kedua bentuk eksepsi itu masih terbagi atas sebagian varia eksepsi yang diketahui dalam teretas dan praktik Hukum acara perdata.

The problem that ends up being debated is how the system examines exceptions that are not related to the exception of the authority to try. Whether an sich is understood and carried out based on the provisions of Article 136 HIR / 162 R.Bg, or can be examined separately before entering the main examination of the case as stated in the exception of the authority to try.

The exception is examined and decided together with the subject matter of the case. According to Article 136 HIR, the completion of other exceptions beyond the exception of consistency:

So all exceptions, apart from those related to competence, are examined and decided jointly with the subject matter, are not examined and decided separately on the subject matter of the case. Therefore, it must not be decided and stated first in an interim decision.

There are two references for its application, namely:

If the exception is granted, the final verdict is handed down based on the exception, with the verdict:

If the judge rejects the exception, the final decision handed down is positive. The verdict handed down was a point of rejection from the subject matter of the case, so:

So the explanation of the meaning of the exception being rejected is that the examination of the convention lawsuit is not proven, and the exception has no basis.

So after knowing the meaning of the exception being rejected, watch other interesting news on VOI, it's time to revolutionize news!


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