ANALISIS YURIDIS PENOLAKAN PENINJAUAN KEMBALI DALAM SENGKETA PERDATA TERKAIT KOMPETENSI RELATIF PENGADILAN: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 162 PK/PDT/2025

Abstract

This study aims to analyze the regulation of relative jurisdiction in Indonesian civil procedural law and to examine the legal considerations of the Supreme Court in rejecting a petition for judicial review in Decision Number 162 PK/Pdt/2025. This research employs a normative legal method with statutory, conceptual, and case approaches, relying on primary and secondary legal materials through library research. The results indicate that relative jurisdiction is generally determined based on the defendant’s domicile as stipulated in Article 118 of the HIR, but it may be deviated from through an agreement between the parties in the form of a forum selection clause, which is legally binding. In the case examined, the Supreme Court rejected the petition for judicial review due to the failure to meet the legally limited grounds, such as the absence of new evidence (novum) or judicial error. The decision emphasizes that judicial review is not intended to re-examine the case, but rather serves as an extraordinary legal remedy that can only be filed under specific conditions. Furthermore, the ruling reinforces the importance of respecting the parties’ agreement in determining the forum for dispute resolution in order to maintain a balance between legal certainty and justice.