Today’s Legal Enlightenment (Monday, 10 October 2022) – THE SAME LAWSUIT CANNOT BE FILED TWICE”
Supreme Court of the Republic of Indonesia Decision No. 391 K/SIP/1970 dated 16 December 1970 basically stated as follows: “When another case concerns the same person (persoon), the subject matter (posita) and the lawsuit (petitum) as the person (persoon) the subject matter (posita) and the lawsuit (petitum) in this case, which has been decided previously, we are faced with the same lawsuit. Therefore the lawsuit filed for the second time cannot be accepted by the Court.”
Retnowulan Sutantio, SH., former Supreme Court Justice, in her book Civil Procedure Law in Theory and Practice, CV Mandar Maju, 1997, page 39, states as follows: “Other procedural demurrers to the proceedings are the demurrer that the same case has been decided by the Court and has obtained permanent legal force, demurrer that the same case is being examined by another District Court or is still in the stage of appeal or cassation….”
Source: Supreme Court Decision No. 1538 K/Pdt/2009
Best regards,
Fredrik J. Pinakunary