ANALISIS LEGAL STANDING PENGGUGAT DALAM SENGKETA PERBUATAN MELAWAN HUKUM ASET KOPERASI: KAJIAN YURIDIS TERHADAP ERROR IN PERSONA DAN TIDAK DIAJUKANNYA UPAYA HUKUM

Abstract

and the application of the error in persona doctrine in Decision Number 84/Pdt.G/2025/PN Kdl related to the Unlawful Acts (PMH) dispute over the assets of the Boja Makmur Savings and Loans Cooperative. The main problem lies in the Plaintiff's legal standing who acts as an individual, even though the object of the dispute is the assets of the cooperative legal entity. The research method used is normative juridical with an approach of statutory regulations, doctrine, and court decisions. The results of the study show that the Panel of Judges emphasized that the cooperative as a legal entity (rechtspersoon) has a separation of assets from members and administrators, so it can only be represented through a legitimate organ based on the Articles of Association/Bylaws or decisions of the Members' Meeting. The Plaintiff could not prove his representative capacity, so he was declared to have no legal standing. This condition is qualified as error in persona which resulted in a niet ontvankelijke verklaard (NO) decision. This decision emphasizes that the formal aspect in the form of the authority to file a lawsuit is a fundamental requirement before examining the main case of PMH based on Article 1365 of the Civil Code.