Today’s Legal Enlightenment (Wednesday, December 8, 2021)-PROVISIONAL DECISION AND ITS CONDITIONS
Provisional Decision is a “temporary action” that does not have the same result as “pre-enforcement” of the lawsuit’s prayer of the merit of the case. In addition, the Provisional Decision may not involve the subject of the merit of the case and the prayers, ex. Article 53 RV. The Provisional Decision, which is related to the subject of the merit of the case and the prayers which will be decided in the “Final Decision” is the Judge’s mistake in applying the Procedural Law, so such a decision is annulled by the Supreme Court.
Supreme Court Decision No. 2461 K/Pdt/1999 dated December 17, 1999
Regards,
Fredrik J. Pinakunary