ANALISIS PELAKSANAAN VERZET TERHADAP PUTUSAN VERSTEK DI DALAM PUTUSAN NOMOR 2/VZ/Pdt.Sus-PHI/2017/PN Pbr DENGAN YURISPRUDENSI SURAT EDARAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 9 TAHUN 1946

Abstrak

Verzet is a legal remedy regarding the Court Ruling determined by the District Court in the condition that the defendant is not present at the first trial and does not send his representative to appear at the trial, even though he has been invited decent for the court trial and without valid reason or known as the Verzet Court Ruling based on Article 125 paragraph (3) HIR. Verstek is present because in civil procedural law' the terms known term rejected Court Rulings that cannot appeal to the court of the first instance and the unacceptable Court Rulings can appeal to a first stage court. The difference
between the two is that an inadmissible Court Ruling can be resubmitted to a court of the
first instance, whereas a rejected Court Ruling cannot appeal to a court of the first
instance. It will surely be very detrimental to the defendant because, in a verstek
situation, the defendant does not precisely know the background of the Court Ruling
handed down to him and loses the opportunity to defend himself. This study aims to
determine the implementation of the concept of verstek Court Rulings in court Court
Rulings and the mechanism for conducting verzet on verstek Court Rulings. The research
method used is juridical-normative through literature studies and legislation relating to
Court Rulings, verstek, and legal remedies. Based on the research result, Court Ruling
Number 2/VZ/Pdt.Sus-PHI/2017/PN Pbr has fulfilled the elements to take legal action
against the Verzet Court Ruling. Verstek's Court Ruling number No. 02/Pdt.Susu-
PHI/2017/PN Pbr fulfills the required elements for a case to be subject to a verstek Court
Ruling.