Definition of Exception in Indonesian Civil Law
In the context of Indonesian civil law, Exception means an objection or rebuttal, and/or also the defense filed by the Defendant against the main material of the lawsuit from the Plaintiff in the trial.
According to Yahya Harahap, in his book entitled Hukum Acara Perdata: Gugatan, Persidangan, Penyitaan, Pembuktian, dan Putusan Pengadilan states that "Exception is an objection or rebuttal aimed at matters relating to the requirements or formality of the lawsuit, namely if the lawsuit is filed. contains defects or formal violations and is not related to the subject matter (verweer ten principale) which results in an invalid lawsuit so that it must be declared unacceptable (inadmissible)”.
Thus, the Exception is the Defendant's answer in the form of a rebuttal or denial of the Plaintiff's claim, but not directly regarding the subject matter of the case. Where the purpose of the Exception is so that the Plaintiff's claim is declared unacceptable.
In the Exception there are 3 (three) elements in it, namely :
Defendant's answer which contains rebuttal or denial;
The denial does not directly concern the subject matter; and
The aim is that the lawsuit is declared unacceptable.
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