Today’s Legal Enlightenment (Wednesday, 07 September 2022) – “THE DEFINITION OF A STILL PENDING LAWSUIT (AANHANGING)”

M. Yahya Harahap, in his book Civil Procedure Law, 10th Printing, page 461, explains that the dispute that the plaintiff is claiming is the same as the case being examined by the court. It is also called sub-judice, meaning that the lawsuit filed is still pending (aanhanging), ongoing, or investigated in court (under judicial consideration). For example, the dispute being sued is the same as a case being examined at the appeal or cassation level or processed in another judicial environment. The South Jakarta District Court Decision No.12/Pdt.G/2011/PN.Jkt.Sel, dated 15 March 2012, accepted the defendant’s demurrer because the plaintiff’s lawsuit was still pending, so the lawsuit was declared inadmissible.

Kind regards,

Fredrik J. Pinakunary