Today’s Legal Enlightenment (Tuesday, November 23, 2021)-THE JUDGE IS JUSTIFIED IN GIVING A DECISION THAT BEYOND WHAT IS BEING CLAIMED AS LONG AS IT IS IN ACCORDANCE WITH THE MATERIAL EVENTS OF THE CASE

Article 178 (3) HIR prohibits Judges from giving decisions on matters that are not requested by the plaintiff or beyond the prayers of the plaintiff (ultra petita). However, according to the decisions of the Supreme Court No. 499 K/Sip/1970 in conjunction with No. 556 K/Sip/1971, the Judge is justified in giving a decision that beyond what is being claimed as long as it is in accordance with the material events of the case. Article 178 (3) HIR was pierced by the two Supreme Court decisions or IN THE PLAINTIFF’S PRAYER MUST BE INCLUDED A SUBSIDIARY CLAIM in the form of: requesting a decision according to the right and good (ex aequo et bono).

Supreme Court Decision No. 3714 K/Pdt/1992 dated February 22, 1994

Regards,

Fredrik J. Pinakunary