ANALISIS YURIDIS PENERAPAN EKSEPSI DALAM PERKARA PERDATA SERTA IMPLIKASINYA TERHADAP PEMERIKSAAN POKOK PERKARA : STUDI PUTUSAN NOMOR 66/PDT.G/2023/PN AMB

Abstract

This study aims to analyzes the application of procedural exceptions in civil cases and their implications for the examination of the main case through a study of Decision Number 66/Pdt.G/2023/PN Amb. This research employs a normative legal method using statutory and case approaches. The results show that the panel of judges rejected all exceptions raised by the defendants, including absolute competence, error in persona, legal standing, prematurity, and nebis in idem. The court considered that the plaintiff’s claim contained no formal defects and fell within the jurisdiction of the general court. As a result, the case proceeded to the evidentiary stage, where the judges evaluated the evidence presented by the parties and concluded that an unlawful act had occurred under Article 1365 of the Indonesian Civil Code. This study indicates that procedural exceptions play an important role as an initial mechanism to assess whether a lawsuit is appropriate to be examined further in court.