GUGATAN PREMATUR SEBAGAI SALAH SATU DASAR YANG MENYEBABKAN GUGATAN TIDAK DITERIMA: STUDI PERKARA NOMOR 90/PDT.G.S/2025/PN BLB

Abstract

The authors conducted this research with the aim of analyzing how a lawsuit can be considered premature or not in accordance with the applicable procedural law in the field of civil law, by referring to the judge’s consideration in verdict number 90/Pdt.G.S/2025/PN Blb, which in its ruling stated the filed lawsuit could not be accepted (niet onvankelijke verklaard). Using a normative juridical method, the authors chose regulatory, doctrinal, and case study approaches as primary legal material supported by secondary legal materials. The research results indicate that a lawsuit is categorized as premature if it is filed before the material requirements are fulfilled, particularly the emergence of the right to sue. On the case in questions, the panel of judges deemed that the legal relationship between the parties was indeed lawful, however, the lawsuit filed before the expiration of the credit agreement period caused the plaintiff to be considered as not yet having legal standing or the right to sue, as it had not yet fully arisen because of the object of the dispute was still in a procedural stage that was valid, thus the lawsuit was considered premature. The judges’ consideration in delivering the decision cannot be accepted based on the failure to meet the material requirements of the lawsuit as well as the relevance of the dilatory exceptions submitted by the defendants the implications of this study emphasize the importance of careful timing in filing a lawsuit and thoroughness in meeting formal and material requirements in order to avoid decision that are detrimental to the plaintiff. In addition, the decision also shows that the timeliness of filing a lawsuit is a crucial aspect in ensuring the effectiveness of legal protection for parties who wish to claim their rights.