THE MAIN REQUIREMENT FOR FILING DERDEN VERZET IS THE PROPRIETARY RIGHTS OF THE OPPOSING PARTY HAVE BEEN VIOLATED BY THE DECISION
 
Reasons used as the basis for a third party’s resistance can be submitted even if the reason is single, namely if the third party’s interests are harmed in a
case or decision. This rule can be read in the Supreme Court decision No. 427 K/Pdt/2010 dated 15 December 2010. The Supreme Court considers that the judex facti has misapplied the law and is of the opinion that in realizing derden verzet, there is no time
limit. It can be filed while the examination is still ongoing, either by a third party with a pure position or by a third party with a relative position.
 
In this context, R. Subekti once wrote: the condition for filing a derden verzet is that a third party does not only have an interest but also that their civil
rights have actually been harmed by the decision. So, the main requirement for submitting a derden verzet is that the opposing party’s property rights have been violated by a court decision.
 

Supreme Court Decision No. 427 K/Pdt/2010, dated 15 December 2010.
 
Source:
Article entitled: “Development of Derden Verzet Norms”, written by: Muhammad Yasin, Hukumonline.com, 14 October 2021.
 
Best regards
Fredrik J. Pinakunary