Class Action in the Civil-Court Legal System: A Legal-Theoretic Analysis
Journal Title: Academic Research International - Year 2015, Vol 6, Issue 4
Abstract
Civil Procedure Code in Indonesia based on HIR and RBg did not regulate the legal form of class action. In theory and practice, this form of class action law was very useful and could realize simple, fast and low cost judicature. PERMA No. 1 2002 soon needed refinement and judges should play a major role or be active in applying this form of class action law. It was necessary to do a comparative study on countries whose civil justice system had successfully implemented a class action. Inspection mechanisms needed simplification and should not hinder the process of examination and application of a class action lawsuit. The rights and obligations between the representatives of the class were that the power relations and their representation must be honest. Specifically in Indonesia at first lawsuit (Class Action) was regulated in material law i.e. in the Law No.23 of 1997 on Environmental Management, Law No. 8 of 1999 on Consumer Protection and Law 41 of 1999 on forestry. The three laws had not been equipped with a judicial procedure in Class Action, this judicial procedures pointed to the civil procedure law, as well as any claim submitted to the district court through the Class Action was always rejected and not accepted by reason of the procedure Class Action was a legal form in Anglo-Saxon legal system and was not known in Indonesia that followed the Continental European Law system. Onset cases detrimental to the public in large numbers and RBg HIR as a source of civil law were no longer adequate and because of the useful guidance from the public, Class Action was to overcome bottlenecks judicial proceedings, thus the Supreme Court for its authority issued PERMA No. 1 of 2002 on Class Action Procedures.
Authors and Affiliations
I Ketut Tjukup
Keywords
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- EP ID EP106816
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