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Petition is a term that is often heard when a case has been entered into a trial. In principle, the petition is a formal requirement that must be in the documents submitted to the judge at trial, such as a lawsuit or an answer. For more details, let’s take a closer look at the petition through the following article.
A. Petition
In essence, petition is a demand that is requested by the litigating party to be granted by the judge. The petition must be made in detail and clearly by mentioning one by one what is desired, which of course must be based on the reasons.
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B. Forms of Petition
The various forms of petition described as follows:
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Single
A petition is called single, if the description that mentions one by one the main demands is not followed by an alternative or subsidiary description of the petition. This form should not only be in the form of a compositor or ex aequo et bono (beg for justice). If the petition only states ex aequo et bono , the legal consequences are:
1) Does not meet the formal and material requirements of the petition.
2) The lawsuit is considered to contain a formal defect, so it must be declared that the lawsuit cannot be accepted. -
Alternative
A petition in alternative form can be classified as follows:-
Primary and Subsidiary Petition are equally detailed
Both Primary and Subsidiary petition are detailed one by one with different details. The judge in making the decision must choose whether the primary or subsidiary petition is to be granted. Judges may not confuse by taking part of the primary petition and part of the subsidiary petition. -
Primary petition is detailed, followed by subsidiary petition
In this case, the judge is unbound to take all and part of the primary petition and set aside the petition of ex aequo et bono (subsidiary petition). Even the judges are unbound and have the authority to determine otherwise based on subsidiary petition with the condition that must be based on the principle of appropriateness, in which still within the framework of the primary or subsidiary petition mentioned previously, so that the decision handed down does not violate the principle of ultra petition partium which is stated in Article 178 paragraph 3 of the Herziene Inlandsch Reglement (“ HIR ”) (accepting more than what is demanded), therefore the decision is said to contain principle of ultra vires which means beyond the limits of the authority to judge.
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Primary and Subsidiary Petition are equally detailed
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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.