Opinions Opinion

The Principle of Litis Finiri Oportet in a Civil Case

Fally Avriantara

Contributor

10 Feb 2024 · 11:25 10 February 2024 11:25 WIB 4 minutes reading time: 4 minutes 10 read

This article discusses a brief understanding of the principle of litis finiri oportet and its application in a civil case.

The Principle of Litis Finiri Oportet in a Civil Case

Opinion Note

This opinion article was written by a contributor/columnist. The views expressed are entirely the responsibility of the author and do not necessarily represent the views of the editors.

CONTRIBUTOR PROGRAM

You can become a columnist at Legal Literacy.

Submit your legal opinion/analysis writing. If it is published, you have the opportunity to obtain a payout/honorarium in accordance with the provisions.

Submit Article Read Guidelines

Table of Contents

Principle Litis Finiri Oportet and Legal Certainty.
Principle Litis Finiri Oportet in the consideration of the Panel of Judges.

In 2013, Hj. MS, as the Plaintiff, again sued TES as the Defendant in the Pekalongan District Court. The arguments for the lawsuit filed were not much different from the case in 2010.

In its response, TES argued that the 2013 lawsuit had been nebis in idem with the 2010 case. TES, as the Defendant, also quoted the provisions of Article 1917 Civil Code which essentially states that a court decision that refuses to grant (is positive) and then the decision has permanent legal force, cannot be submitted for the second time. In other words, according to TES, the civil case/dispute between himself and Hj. MS is already litis finiri oportet.

Hj. MS's lawsuit was again rejected, both at the first level as referred to in the Pekalongan District Court Decision Number: 56/Pdt.G/2013/PN.Pkl dated April 16, 2014 and at the appeal level as referred to in the Semarang High Court Decision Number: 265/PDT/2014/PT.Smg dated September 11, 2014. Hj. MS then took legal action for Cassation.

The Supreme Court of the Republic of Indonesia as Judex Jurist in Decision Number: 1637 K/Pdt/2015 dated March 23, 2016 rejected Hj. MS's cassation request. In its consideration, the Assembly Supreme Justice used the perspective of the principle of litis finiri oportet.

The subject matter of Hj. MS's lawsuit in the 2013 case is the same as the subject matter of the 2010 lawsuit which has been decided and has permanent legal force, namely in the Pekalongan District Court Decision Number: 40/Pdt.G/2010/PN. Pkl dated July 11, 2011 jo. Semarang High Court Decision Number: 350/Pdt/2011/PT.Smg dated November 29, 2011 jo. Supreme Court of the Republic of Indonesia Decision Number 1840 K/Pdt/2012 dated February 19, 2013. Thus, it is correct that Hj. MS's lawsuit as the Plaintiff is a lawsuit that is nebis in idem and litis finiri oportet.