Legal Literacy - In civil procedural law, distinguishing the types of claims is the most important basis for proceeding so as not to make mistakes in filing a case in court. Claims consist of 2 types, namely petitions and lawsuits. then what is the meaning and difference between the two?

Understanding Claims

A claim is basically a form of action taken in civil procedural law to obtain protection of rights and prevent eigenrichting or taking the law into one's own hands when facing a dispute or problem concerning civil matters. According to Prof. Sudikno Mertokusumo in his book entitled Hukum Acara Perdata Indonesia, a claim filed with the court must meet the main requirement, namely the existence of sufficient legal interest in order to be processed by the court. This legal interest is also referred to as Point d'interest, Point d'action.

The necessity of a legal interest in filing a claim is clearly regulated in jurisprudence, namely in the Supreme Court Decision dated July 7, 1917 No. 294 K /Sip/1917 which requires the existence of a legal relationship in filing a claim. The claim itself consists of a petition and a lawsuit.

Although the principle of 'point d'interest, point d' action' is said to be the main requirement in filing a claim, however, the lecturer of Civil Procedure Law Dr. Asep Iwan Iriawan S.H., M.Hum stated that this principle does not fully apply absolutely. This is because today, in accordance with the times, various types of claims have emerged whose submission is based on the representation of the legal interests of other parties, such as in the type of lawsuit class action, lawsuit citizen law suit, and organizational lawsuits (legal standing).