What is Legal Effort According To Indonesian Law Aspect

Legal Effort is a legal means given to every justice seeker (Justitisbelen) who are not satisfied regarding the judge verdict. Legal effort can be categorized into two types, Ordinary Legal Efforts and Extraordinary Legal Efforts.


Ordinary Legal Efforts consist of Verzet, Appeal and Cassatie, while Extraordinary Legal Effort is Reviewing. Below are the explanations.


Verzet is a Legal Effort in form of resistance against a Verdict (Court Judgment) that dropped by Verstek or without the presence of the Defendant (in absentia). Verzet is filed by the Defendant against the Lawsuit case formerly submitted by the Plaintiff.


In filing this type of Legal Effort, it is very important to understand the legal basis that regulate it and the deadline given by the constitution. Because if it exceed the specified time then the legal effort cannot be accepted and is fruitless.


 

Appeal and Cassatie


Appeal is a Legal Effort from the party that is not satisfied with the Verdict (Court Judgment) of first level Court (District Court) and must be submitted to High Court.


Cassatie is a Legal Effort from the party that is not satisfied with the Verdict of High Court, and is file to the Supreme Court.


For the parties that is not satisfies with the Verdict and want to find justice through Appeal and Cassatie, then it is very important to know the deadline given by the Law. Because if it exceed the specified time then the legal effort cannot be accepted and is fruitless.


 

Reviewing 


Reviewing is an Extraordinary Legal Effort that can be done against a Court Verdict that has acquired the status as Legally Binding (Berkekuatan Hukum Tetap/Inkracht Van Gewijsde). A Verdict acquire Legally Binding status (Inkracht Van Gewijsde) if there is no possibility of submitting regular legal effort.

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  20 Mei 2019

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