Legal Literacy - This article discusses the parties that can be representatives in civil cases. Want to know who they are? Let's look at the explanation below.

Who Can Act as a Representative Party in Civil Cases

According to the HIR and RBg systems, proceedings in the District Court can be carried out directly or indirectly.

If the proceedings are indirect, the parties in the case can delegate their case to another party, namely the recipient of the power of attorney.

Representation in civil cases or granting power of attorney is regulated in Article 123 HIR and Article 147 RBg. According to these provisions, the parties in the case can grant power of attorney to other people with a special power of attorney (special authorization), while for the plaintiff it can also be done by including the granting of power of attorney in the lawsuit letter.

M. Yahya Harahap, argues that the person acting as the plaintiff must be someone who truly has the correct position and capacity according to the law. Acting incorrectly and wrongly as a plaintiff results in the lawsuit containing formal defects. The formal defect that arises from the error or mistake in acting as the plaintiff is what is called error in persona.

A plaintiff without capacity is a party who actually has no connection with the case in which a right has been violated, or the party does not suffer a loss due to the actions of someone being sued (the defendant). In other words, a plaintiff without capacity is someone who does not have the right to file a lawsuit.

Examples of conditions that cause someone to be classified as a plaintiff without capacity, namely:

  1. The person does not have the right to sue the disputed case because there is no legal relationship with the disputed case. For example, a person who is not involved in the agreement acts as a plaintiff demanding the cancellation of the agreement, someone who is not the owner demands payment of rent or the price of goods;
  2. The person is not capable of taking legal action. People who are under age or guardianship are not capable of taking legal action. Lawsuits they file without the help of parents or guardians contain a formal defect of error in persona in the form of disqualification because the person acting as the plaintiff does not meet the requirements.
  3. Someone represents a Limited Liability Company to act in court as a plaintiff, even though that person is not one of the Directors of the Limited Liability Company (Article 98 paragraph (1) Law Number 40 of 2007 concerning Limited Liability Companies).