Legal Literacy - Learn the intricacies of posita, an essential element in civil lawsuits. Discover tips for writing fundamentum petendi that are strong and effective to strengthen your chances of winning the case.

Understanding Posita

Posita or fundamentum petendi is a proposition or reason that underlies a lawsuit. Fundamentum petendi contains the reasons or description of the facts underlying the filing of a legal claim. Both the Plaintiff and the Defendant in a legal claim must clearly and precisely describe fundamentum petendi underlying their demands.

Types of Posita

  • General posita is Fundamentum petendi which explains the events or facts underlying the lawsuit.
  • Special posita is Fundamentum petendi which explains the legal consequences of the events or facts underlying the lawsuit.

Function of Posita

Function of posita in the lawsuit:

  • Affirming the Plaintiff's rights: Fundamentum petendi affirms the Plaintiff's rights that have been violated by the Defendant.
  • Explaining the basis of the claim: Fundamentum petendi explaining the legal basis of the Plaintiff's claim.
  • Limiting the scope of the case: Fundamentum petendi limiting the scope of the case to be examined by the judge.

Example of Posita

"The Plaintiff and the Defendant were married on January 1, 2020 at the Religious Affairs Office (KUA) of Sidoarjo District. From the marriage, the Plaintiff and the Defendant were blessed with a son named Budi. On January 1, 2023, the Defendant left the Plaintiff and their child without a clear reason. Therefore, the Plaintiff sues the Defendant for:

  • Sentencing the Defendant to pay alimony to the Plaintiff in the amount of Rp. 1,000,000 per month;
  • Sentencing the Defendant to grant custody of the child to the Plaintiff;
  • Sentencing the Defendant to pay court fees."

Fundamentum petendi in the example, it explains the events or facts underlying the Plaintiff's claim, namely that the Defendant has left the Plaintiff and their child without a clear reason. Fundamentum petendi it also explains the legal consequences of the event, namely that the Plaintiff demands that the Defendant pay alimony, grant child custody, and pay court fees.