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Today’s Legal Enlightenment (Tuesday, 01 November 2022)

“A JUDGE IS NOT AUTHORIZED TO PLACE A PERSON WHO IS NOT BEING SUED AS A DEFENDANT”

Whereas in making a lawsuit, a plaintiff has the authority to determine whom they are suing. This follows the Jurisprudence of the Supreme Court of the Republic of Indonesia, namely Supreme Court Decision Number 305 K/Sip/1971 dated 16 June 1971. The decision states, “the judge is not authorized because of their position to place a person who is not being sued as a Defendant, because this is contrary to the principle of civil procedure, that only the Plaintiff has the authority to determine whom they are suing.”

Source: Supreme Court Decision No. 1740K/Pdt/2014

Best regards,

Fredrik J. Pinakunary


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