Authors :
Kosmas Dohu Amajihono
Volume/Issue :
Volume 5 - 2020, Issue 8 - August
Google Scholar :
http://bitly.ws/9nMw
Scribd :
https://bit.ly/2ElyGtO
DOI :
10.38124/IJISRT20AUG089
Abstract :
A lawsuit in the civil procedure law there are
two types of lawsuit voluntair and lawsuit contentiosa.
The verdict against a lawsuit voluntair is a decision that
is declarative. While the verdict of the lawsuit
contentiosa consists of the ruling is declarative, the
decision is constitutive, the verdict is kondemnator, of
some kind of court verdict, the only verdict that is
kondemnator that have permanent legal force, which
have the nature of forcing the losing party to submit or
empty the thing which is the object of litigation to the
winning side, better submit its case voluntarily or by way
of execution which was implemented by the court. While
the decisions which are declarative and constitutive that
have permanent legal force can not be implemented
execution with the reasons for decisions which are
declarative only declare something a state, in which case
the state is a state that is valid according to the laws and
the decisions which are constitutive only create a state of
the new law, there is not a state of nature forcing the
losing party to surrender or vacate its verdict. Therefore
the solution that the ruling is declarative dankonstitutif
can be executed the winning party can file a new lawsuit
in the court of law which has to examine and decide the
case with a lawsuit necessarily just adding and/or lists
their petition judgment (kondemnatoir), so that the
decisions which are declarative can be conducted by way
of execution, but denganmemperhatikan carefully
postulates a new lawsuit, so that is not attached to the
principle of ne bis in idem.
Keywords :
Lawsuit, the verdict of the civil code are declarative, Ne bis in idem.
A lawsuit in the civil procedure law there are
two types of lawsuit voluntair and lawsuit contentiosa.
The verdict against a lawsuit voluntair is a decision that
is declarative. While the verdict of the lawsuit
contentiosa consists of the ruling is declarative, the
decision is constitutive, the verdict is kondemnator, of
some kind of court verdict, the only verdict that is
kondemnator that have permanent legal force, which
have the nature of forcing the losing party to submit or
empty the thing which is the object of litigation to the
winning side, better submit its case voluntarily or by way
of execution which was implemented by the court. While
the decisions which are declarative and constitutive that
have permanent legal force can not be implemented
execution with the reasons for decisions which are
declarative only declare something a state, in which case
the state is a state that is valid according to the laws and
the decisions which are constitutive only create a state of
the new law, there is not a state of nature forcing the
losing party to surrender or vacate its verdict. Therefore
the solution that the ruling is declarative dankonstitutif
can be executed the winning party can file a new lawsuit
in the court of law which has to examine and decide the
case with a lawsuit necessarily just adding and/or lists
their petition judgment (kondemnatoir), so that the
decisions which are declarative can be conducted by way
of execution, but denganmemperhatikan carefully
postulates a new lawsuit, so that is not attached to the
principle of ne bis in idem.
Keywords :
Lawsuit, the verdict of the civil code are declarative, Ne bis in idem.
