THE LAWSUIT IS INADMISSIBLE BECAUSE THE OBJECT OF THE DISPUTE AND THE DEFENDANT ARE DIFFERENT
Whereas in a Civil lawsuit where the object of the case and the Defendant are different, the lawsuit must be filed separately against each object of the dispute and the Defendant. Therefore, if in a dispute the Plaintiff files a lawsuit with different objects of dispute and the Defendant combined into one, the lawsuit must be declared inadmissible.
Supreme Court Considerations:
Whereas PT Banda Aceh, which upheld the Banda Aceh District Court decision, had made a mistake in applying the law on the grounds that the object of dispute, in this case, was different, and the Defendant was also different, namely the object of the first dispute, namely the house located on Jalan Taman Siswa No. 33, Kel. Merduati Banda Aceh, the Defendants are Defendants I to VII. Meanwhile, the object of the second dispute is the house located at Jalan Pocut Meurah No. 21 Seroja Ward, Kel. Merduati, Banda Aceh, The Defendant is Defendant VIII. So, in this case, there are two objects of the case that involves different defendants, so the Plaintiff should have filed their respective lawsuits against the Defendants and cannot be combined in one lawsuit. Therefore, the High Court should have declared the Plaintiff’s lawsuit inadmissible.
→ Supreme Court Decision No. 962 K/Pdt/95, 17 December 1995.
Source: Civil Procedure Law Jurisprudence Book Part 7 Concerning Confiscation, Execution and Others, by R. Soeroso, S.H., Publisher: Sinar Televisi, pages 39 and 47.
Best regards,
Fredrik J. Pinakunary