Opinions Opinion

A Complete Guide to Derden Verzet in Civil Law

Adam Ilyas

Founder

18 Mar 2023 · 00:00 18 March 2023 00:00 WIB 4 minutes reading time: 4 minutes 13 read

Legal Literacy - Have you ever heard the term "derden verzet"? If not, then this article will explain in detail the meaning and procedure of derden verzet in civil law in Indonesia. Derden...

A Complete Guide to Derden Verzet in Civil Law

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Table of Contents

Derden Verzet Process
Important Things to Know
1. Time of Filing the Application
2. Required Evidence
3. Costs
4. Lawyer
5. Decision Results
Conclusion
FAQs
1. What is derden verzet?
2. Who can file a derden verzet?
3. What evidence is required in filing a derden verzet?
4. How long is the time given to file a derden verzet application?

Legal Literacy - Have you ever heard the term "derden verzet"? If not, then this article will explain in detail the meaning and procedure of derden verzet in civil law in Indonesia. Derden verzet is one way to protect your rights as a third party affected by a court decision. This article will discuss the meaning, procedure, and some important things you need to know about derden verzet.

Derden verzet is a legal effort made by a third party to defend their rights to an object or right affected by a court decision between two parties in dispute. In this context, a third party is a person or legal entity who is not involved in the case, but has rights to the object or right that is the object of the case. With derden verzet, the third party can defend their rights and ensure that their rights are not harmed by the court decision.

Derden Verzet Process

The derden verzet process begins with the submission of an application by the third party to the court that decided the case. The application must be submitted within 14 days of the third party becoming aware of the court decision that harms their rights. The application must contain:

Name, address, and nationality of the third party
Reasons why the third party feels harmed by the court decision
The object or right that is the object of the case
Evidence showing the third party's rights to the object or right that is the object of the case
The third party's expectations of the court

After the application is received, the court will issue a summons for the third party and the parties involved in the case. The third party may choose to attend the hearing or be represented by a lawyer. In the hearing, the third party can defend their rights and present evidence showing their rights to the object or right that is the object of the case.

After the hearing, the court will decide whether the application is accepted or rejected. If accepted, the court will issue a new decision that considers the third party's rights to the object or right that is the object of the case.