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