It is often found that there is the term counterclaim in a lawsuit, which of course raises many questions for the general public who do not know the meaning of the counterclaim.
Article 132 letter (a) Herziene Inlandsch Reglement (“HIR”) defines a counterclaim as a lawsuit filed by the defendant as counterclaim against the lawsuit filed by the plaintiff against him. The defendant filed a reconstruction lawsuit to the District Court, during the process of examining the lawsuit filed by the Plaintiff.
The defendant has the opportunity to file a challenge to the lawsuit given by the plaintiff, so the defendant does not need to submit new lawsuit, but it is enough to submit the counterclaim together with his answer to the opponent's lawsuit.
In order for a counterclaim to be declared valid, apart from having to fulfill the material requirements, the lawsuit must also meet the formal requirements. HIR does not explicitly determine and regulate the requirements for a counterclaim, but in order for the lawsuit to be considered existing and valid, the lawsuit must be clearly formulated. The goal is that the opposing party can know and understand about the counterclaim filed by the defendant against him.
In the next article, we will discuss the formal and material requirements for filing a counterclaim.
Suria Nataadmadja & Associates Law Firm
Advocates & Legal Consultants