Volume
3, No. 9 September 2024 - (2157-2168)![]()
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
The Importance of Determining the Legal Relationship
in Civil Cases
Paulus Tiku Taru Padang
Universitas Atma Jaya, Indonesia
Email: www.paulustikuuajm@gmail.com
ABSTRACT
In the realm of land disputes, where ownership and covenants are often at
the core of the conflict, identifying the correct legal relationship between
the parties involved is crucial for the proper application of the law. This research aims to examine the legal
considerations behind the court's decision and its conformity with applicable
legal principles. This research utilizes normative legal research methods,
focusing on primary legal materials to explore the judicial process. The
results showed that the judge's decision in Makale District Court case No.
41/Pdt.G/2012/PN.MKL was incorrect. The judge treated the dispute as an
inherited land dispute, whereas the core of the dispute was a dispute over the
redemption of mortgaged land. This dispute occurred between the Plaintiff who
had entered into a land pawn agreement with A.P. Limbong Allo and the Defendant
who redeemed the land, even though they did not have a legal relationship with
A.P. Limbong Allo. According to Article 1338 of the Civil Code, legally binding
agreements only apply to the parties involved. Thus, the court should declare the
Plaintiff's claim inadmissible (Niet Onvankelijk Verclaard) for lack of proper
parties, as A.P. Limbong Allo was not included as a party. Limbong Allo was not
included as a Defendant. This research implies the need for accurate
identification of legal relationships in the civil litigation process, which
impacts on court decisions and procedural justice.
Keywords: Legal
Relationships, Civil Disputes, Land Pawn Agreements, Judges' Considerations,
Court Decisions.
INTRODUCTION
In the beginning, a family
is harmonious and peaceful. However, in the course of life, after the parents
die, it can cause problems if there are family members who are greedy or want
to win alone, ignoring the rights of other siblings (Ardiyansah, 2021). If a dispute arises between siblings, it can be
resolved in a family manner; if that is not possible, a mediator can be used to
reach a consensus (Atma, 2021). This peaceful procedure is outside the court; if peace
is not achieved, the aggrieved party can sue through the court (Dedy Mulyana, 2019).
A person has rights and
obligations if he enters into a legal relationship with another person by
entering into an agreement or agreement (Rondonuwu, 2018). Article 1313 of the Civil Code states that an agreement
is an act by which one or more people bind themselves to one or more other
people (Sinaga, 2018). Furthermore, Article 1338 states that all agreements
made legally shall apply as laws for those who make them (Ali & Fitrian, 2022). Based on the two articles above, only the person
involved in the agreement is bound by his promise and the promise is not
cancelled without the consent of both parties.
According to (Fuady, 2014), the law of agreements also applies a theory called
pacta sunt servanda. Literally, pacta sunt
servanda means that "the agreement is binding" (Sakuntala et al., 2020). In this case, if before the entry into force of the
agreement, the principle of freedom of contract applies, in the sense that the
parties are free to regulate for themselves whatever they want to include in
the agreement, then after the agreement is signed or after the entry into force
of an agreement, the parties are no longer free but are bound by what they have
determined in the agreement (Simanjuntak, 2024).
If a third party carries
out the agreement, in this case, making payments on the agreement and taking
the mortgaged rice fields, if the debtor does not enter into an agreement or
authorize a third party, this can lead to a dispute (Laga et al., 2023). The
aggrieved party can file a lawsuit in the district court. The litigants
themselves determine the event filed by the aggrieved party and its demands,
and the judge does not assist them (Asikin & Sh, 2019).
In the Plaintiff's lawsuit,
the Plaintiff argued that there were three legal relationships, namely:
1.
Initially,
the object of the dispute was the inheritance of Plaintiff's mother and the
late J. U. Lembang, husband of Defendant, named Almh. Dorothea Rante who
married the late Henrikus Lembang.
2.
That the
disputed object was entirely handed over as the Plaintiff's share or property
by the Plaintiff's mother during her lifetime as a sign of her gratitude to God
for the birth of the Plaintiff, who was born prematurely (young) and was able
to survive (Bunga manna) because the Plaintiff's 4 (four) older siblings were
born but all died as babies.
3.
In 1965,
the object in dispute and the rice field of Bombongan, now dry land, were
pawned by Plaintiff to A. P. Limbong Allo for Rp.750,000,- (seven hundred and
fifty thousand rupiah).
The three arguments of the
Plaintiff's lawsuit, namely 1. which explains the legal relationship between
the Plaintiff and the Defendant is that the disputed object is the property of
the parents, 2. the legal relationship between the Plaintiff and the Plaintiff's
mother is that the disputed object has been handed over (granted) from the
Plaintiff's mother to the Plaintiff, 3. the relationship between the Plaintiff
and A.P. Limbong Allo by handing over the disputed object of land in pawn (Khayati, 2023).
The inclusion of three types
of legal relationships in a lawsuit can be detrimental to the Plaintiff because
each argument must be proven, otherwise the Plaintiff's lawsuit can be
rejected. This research aims to analyze the importance of determining legal
relationships in civil cases, particularly in land disputes, and to evaluate
the impact of the inclusion of multiple legal relationships in a lawsuit. The
findings of this research will benefit legal practitioners by providing an
understanding of the complexity of legal relationships in civil cases, which
may assist in better case preparation and representation. In addition, this
research will also contribute to legal scholarship by expanding the
understanding of how legal relationships affect court decisions and procedural
justice, particularly in the context of land disputes.
RESEARCH METHOD
The type of research used is normative legal research. According to (Soekanto,
2007), normative legal research examines
applicable norms, including laws relevant to the problem as the source of legal
material. The type of research used is normative legal research. According to (Soekanto,
2007), normative legal research is research that
examines applicable norms, including laws that have relevance to the problem as
the source legal material:
1. The primary legal materials are the Civil
Code, Government Regulation in Lieu of Law Number 56 of 1960 concerning
Determination of Agricultural Land Area, HIR / RBg., and Makale District Court
Decision No.41/Pdt.G/2012/PN.MKL (Pulungan
& Muazzul, 2017).
2. Secondary legal materials are some
literature, such as books and legal journals, related to the problem under
study (Senewe, 2015).
3. Tertiary legal materials used by the author
here include the Big Indonesian Dictionary.
The collection of legal material is carried out by applying document
studies to obtain legal material that is an accurate discussion. This study is
carried out by reading, copying, and drawing conclusions by identifying
specifically, objectively, and systematically legal materials that are primary,
secondary, and tertiary, as mentioned above.
After the necessary legal materials have been obtained, they are grouped
and arranged systematically according to the order and content of the material.
After the necessary legal materials have been collected and arranged
systematically, they are analyzed using qualitative methods. The steps of the
qualitative analysis method, among others:
1. Tracing and reviewing legal materials that
have been collected as mentioned above;
2. Analyze the Makale District Court Decision
No.41/Pdt.G/2012/PN.MKL related to the object of the pawn agreement, then
relate it to the provisions in the Civil Code related to pawning and Customary
Law and evidence contained in the HIR/RBg.
3. The analysis results above are then presented
descriptively to obtain a comprehensive and detailed picture of the land pawn
agreement and the assessment of the evidence used.
RESULT AND
DISCUSSION
Verdict of the judge of Makale District Court
In Exception:
1. Reject the Defendant's
Exception.
In the Subject Matter:
2. Reject the Plaintiff's claim
in its entirety.
3.
Punish
the Plaintiff to pay court costs incurred in the amount of Rp. 756,000, -
Presentation of Legal Materials: Makale District Court
Decision Number 41/Pdt.G/2012/PN.Mkl.
1.
Case
Position
This case is a civil dispute about a pawnshop with
the following litigants:
G. Yohana Lembang, residing at Ariang (Garonggong)
Village, Makale Sub-District, Tana Toraja Regency, occupation housewife, as
Plaintiff, against Dorce Tongli, residing at H. A. Mappanyuki Street No. 67
Forestry Complex, Makassar Municipality, as Defendant.
The arguments of the Plaintiff's lawsuit:
1.
The
initial object of dispute was the estate of the Plaintiff's mother and the late
J. U. Lembang, husband of the Defendant, named alma. Dorothea Rante, who
married the late Henrikus Lembang.
2.
The
Plaintiff is one of the heirs of 4 (four) siblings, children of almh. Dorothea
Rante, who married the late Henrikus Lembang, namely:
a.
Yohana
Lembang (Plaintiff)
b. M. Teresia Lembang
c. The late J. U. Lembang
(Defendant's husband)
d. D. L. Lembang;
3. That the disputed object was
entirely handed over as the Plaintiff's share or property by the Plaintiff's
mother during her lifetime as a sign of her gratitude to God for the birth of
the Plaintiff, who was born prematurely (young) and was able to survive (Bunga
manna) because the Plaintiff's 4 (four) older siblings were born but all died
as babies.
4. In 1965, the object in dispute and the rice
field of Bombongan, now dry land, were pawned by Plaintiff to A. P. Limbong
Allo for Rp.750,000,- (seven hundred and fifty thousand rupiah).
5. Later, in 1972, J. U.
Lembang (alm), the husband of the Defendant, redeemed both the disputed object
and the Bombongan land for Rp.175,000,—(one hundred seventy-five thousand
rupiah), which was received by H. Lembang without the permission and knowledge of
the Plaintiff.
6. The issue of the redemption
of the two lands by the Defendant's husband caused the Plaintiff to object. At
the time of the discussion between the Plaintiff and the Defendant's husband,
the disputed object (Galintiong land) was recognized by the Defendant's husband
as belonging to the Plaintiff while the Bombongan land belonged to the
Defendant's husband.
7. When the Bombongan land was
certified by Defendant, Plaintiff and his siblings did not object. However,
when the disputed object was recognized as belonging to Defendant by obtaining
a certificate, Plaintiff knew about it. Hence, the Plaintiff also objected to
the BPN of Tana Toraja Regency until finally mediation between the Plaintiff
and the Defendant was conducted at the BPN of Tana Toraja office by the BPN of
Tana Toraja on April 13, 2012, and April 27, 2012. However, it was unsuccessful
because the Defendant wanted to issue the certificate first. At the same time,
the Plaintiff as the owner of the disputed object did not agree.
8. It is proven that the
Plaintiff is one of the deceased's heirs. Dorothea Rante and the late Henrikus
Lembang are thus entitled to the object in dispute.
9. Because it has been proven
that the disputed object is the Plaintiff's land, the Defendant's control of
the disputed object by redeeming and claiming it as his own by taking care of
the certificate for the disputed object is against the law and against rights.
Plaintiff's Petitum
Based on the reasons above, the Plaintiff requests
that the chairman/judge examining and adjudicating this case be pleased to
decide as follows:
1.
Grant
the Plaintiff's claim in its entirety.
2.
They
are stating that the Plaintiff is one of the heirs of the deceased. Dorothea
Rante with the late Hendrikus Lembang.
3. Stating that the object of the dispute is a piece of
dry land, formerly a paddy field, measuring + 1,500 M2, named Galintiong,
located in Kampung Baru, Kel. Bombongan, Kec. Makale, Kab. Tana Toraja with the
following boundaries:
a. North : Mangape's land and house.
b. East : Tandungan's mother's house, and Maria Biang.
c. South : The office house of the Regent of Tana Toraja.
d.
West : Houses of Y. Buntu, A. Palalangan and
M. Tangngaran.
It is the inheritance of all. Dorothea Rante with
the late Hendrikus Lembang, which has been divided into inheritance and has
become the inheritance or property of the Plaintiff, and therefore, the
Plaintiff has the right to own it.
4.
Stating
that the Defendant's actions in controlling the disputed object by redeeming it
to A. P. Limbong Allo without the Plaintiff's permission and knowledge and
claiming it as their own by issuing a certificate for the disputed object are
an act against the law and against rights.
Defendant's Answer
In the Subject Matter:
1.
What
is described in the above exception is an integral part of the subject matter
of this case, and basically, the Defendant rejects all the arguments described
in the Plaintiff's lawsuit, except for matters that are impliedly and tacitly
recognized by the Plaintiff.
2.
It
is not true that the Plaintiff's argument in point 3, which states that the
disputed object has been fully handed over to the Plaintiff, is why his
parents, Hendrikus Lembang, pawned the land in 1965 to A. P. Limbong Allo for
Rp.750,000, so the argument should be ruled out.
3.
It
is not true that Plaintiff's argument in point 5 that the husband of Defendant
Dorce Tongli, the late J. U. Lembang, redeemed the Galintiong rice field and
the Bombongan rice field without the knowledge and permission of Plaintiff when
Defendant's husband redeemed the Galintiong rice field and the Bombongan rice
field it was with the knowledge of the parents of the Plaintiff and the
Defendant, because at the time of the redemption, there were still parents of
the Plaintiff and the Defendant's husband, and at the time of the redemption
the money used to redeem the Galintiong rice field was the money of the husband
of the Defendant Dorce Tongli, and all of the relatives of the Plaintiff and J.
U. Lembang knew, and they did not object.
4.
It
is not true that Plaintiff's point 6 states that Defendant's husband has
admitted that the Galintiong land is part of Plaintiff after the Defendant's
husband redeemed it. Plaintiff was unable to return the pawn money as
redemption of the pawn from A. P. Limbong Allo in the amount of Rp.750,000, -
(seven hundred and fifty rupiah), then the land was under the control of the
Defendant as the heir of J. U. Lembang.
5.
The
respondent's ownership and certification as the heir of J. U. Lembang was based
on the fact that he had redeemed the Bombongan rice field and Galintiong land
during mediation at BPN Makale. The respondent revealed that the Plaintiff
wished to take the Galintiong land on the condition that he returned the money
of the late J. U. Lembang in accordance with the current conversion of money.
Based
on the description of the answer above, the respondent at this moment requests
that the panel of judges hearing this case decide with the following ruling:
In the Subject Matter:
a.
Reject
the Plaintiffs' claims in their entirety.
b.
Punish
the Plaintiffs to pay the costs incurred in this case. Alternatively, if the
panel of judges has another opinion, please make a fair and just decision.
Evidence
To
prove the truth of the arguments of the Plaintiff's lawsuit, the Plaintiff's
attorney has submitted evidence in the form of photocopies of letters, namely:
1.
Photocopies
of attached letters of affidavit signed on behalf of G. Y. Lembang and
statement letter from Gerardus D. Lisu dated September 1, 2012, marked P-1.
2.
Photocopy
of a statement from Maritha Daly dated August 25, 2012, marked P-2.
3.
Photocopies
of 3 letters, consisting of the initial attachment letter signed in the name of
G. Y. Lembang, a letter signed by the witnesses A. Palu'langan, M. Tangaran,
Maria Biyang, Y. Buntu and a final attachment letter signed on behalf of G. Y.
Lembang, marked P-3.
4.
Photocopy
of letter of acceptance of money dated 05-11-1972 for the redemption of rice
fields signed by the person handing over the money marked J. U. Lembang, the
person receiving the money marked H. Lembang, marked P-4.
5.
Photocopy
of a copy of the agreement signed in the name of G. J. Lembang as the borrower
and approved by the undersigned Lembang and those who participated in the
agreement signed by A. P. Limbong Allo and witnessed by the undersigned A. L.
Bungin, Gerardus Lisu with the knowledge of the undersigned Head of Bombongan
Village as well as the Head of Makale Sub-District dated October 04, 1965
signed as a copy by the original, who copied G. J. Lembang dated June 28, 1967,
marked P-5.
6. Photocopy of a letter signed
by Gerarda Yohana Lembang dated 15-2-2012 marked P-6.
In addition to submitting letter evidence, the
Plaintiff's attorney also submitted 3 (three) witnesses before the court,
namely:
Witness 1: Gerardus Dunggu Lisu, age 69,
testified under oath as follows:
a. The witness was acquainted
with the Plaintiff and was related to her but was distant. At the same time,
the Defendant was also acquainted but was not related to her. The two were not related by
occupation.
b. The witness did not know
what was disputed between the Plaintiff and Defendant, but the witness knew
that Gerarda Yohana Lembang, namely, the Plaintiff, received money from A. P.
Limbong Allo.
c. The witness confirmed that
Exhibit P-1 was made by him and witnessed the receipt of money by Gerarda
Yohana Lembang from A. P. Limbong Allo as a witness.
d. The witness was present when
the pawn between Gerarda Yohana Lembang and A. P. Limbong Allo occurred in
1965.
e.
Witnesses
are present when the pawn payment is made.
The second witness, Yohana Buntu, 69 years of age,
testified under oath as follows:
a.
The
witness knew the Plaintiff but was not related to him or his work, and knew the
Defendant but was not related to him or his work.
b.
The
witness saw the Plaintiff in 1990, but only once did the Plaintiff plant the
garden.
c.
The
witness needed to find out who the disputed land belonged to.
d. The southern boundary is the
witness's house.
The third witness, Adriana Pala'langan, 60
years old, testified under oath as follows:
a. The witness knew the
Plaintiff but was not related to him or his work, and knew the Defendant but
was not related to him or his work.
b. The disputed land is located
in Galintiong, Mangasa' Village, Makale Sub-District, Tana Toraja Regency, as
far as the witness knows.
c. The witness's house is
located to the west and is a house on stilts.
d. The witness needed to learn
the origin of the disputed land.
e. The witness saw the Plaintiff working on the
disputed land after 1990.
f. The witness knew that the owner of the disputed
object was the Plaintiff because the Plaintiff told the witness that he was the
owner of the disputed object, so the witness asked the Plaintiff for permission
to plant vegetable pigs.
Furthermore,
to prove the arguments of the Defendant's rebuttal, the Defendant's attorney
also submitted evidence in the form of photocopies of letters, namely:
a.
Photocopy
of a copy of the agreement signed in the name of G. J. Lembang as the borrower
and approved by the undersigned Lembang and who participated in the agreement
signed by A. P. Limbong Allo, and witnessed by the undersigned A. L. Bungin,
Gerardus Lisu with the knowledge of the undersigned Head of Bombongan Village
as well as the Head of Makale Sub-District dated October 04, 1965 signed as a
copy by the original, who copied G. J. Lembang dated June 28, 1967, marked T-1.
In
addition to the letter above evidence, the respondent's attorney presented 2
(two) witnesses before the court.
Legal Considerations
In The Subject Matter of The Case:
Considering that the exception of the Defendant is
rejected, the panel of judges will consider the material that is the subject
matter of this case as follows.
The aims and objectives of the Plaintiff's lawsuit
are described above.
Considering that in his evidence, the Plaintiff's
attorney has submitted evidence marked P-1 to P-6 and 3 (three) witnesses each
named Gerardus Dunggu Lisu, Yohana Buntu and Adriana Pala'langan who have
testified under oath while the Defendant's attorney also submitted evidence
marked T-1 to T-5 and 2 (two) witnesses each named Medianto P. Siampa and
Yohanis Mirring who have testified under oath.
Considering the arguments of the Plaintiff's lawsuit
are at issue, namely whether the argument that mentions the disputed object in
the form of dry land, which was formerly a rice field called Galintiong located
in Kampung Baru, Bombongan Village, Makale District, Tana Toraja Regency as
part or property of the Plaintiff which has been entirely handed over to the
Plaintiff by the Plaintiff's mother named alma. Dorothea Rante, during her
lifetime as a sign of gratitude for the Plaintiff's premature birth and survival,
is part of the argument that states that it is part of or belongs to the
Plaintiff because there has been a division of inheritance from the estate of
the Plaintiff's mother named alma. Dorothea Rante married the late Henrikus
Lembang, so that Defendant's control over the disputed object due to having
redeemed the pledge was unlawful.
Considering that from the arguments above, the panel
of judges looks at the handover made by the Plaintiff's mother to the Plaintiff
and then states that the Plaintiff received a share of the disputed land based
on the existence of an inheritanceTherefore, the de facto manifestation of the
distribution of inheritance is in the form of a handover to the Plaintiff so
that it becomes an assumption that there has been controlling of the disputed
object because it has been divided into an inheritance and subsequently pledged
by the Plaintiff with the assumption that it is his property. The panel of
judges thinks that the Plaintiff must prove that the Plaintiff's rights in the
disputed object land are due to the distribution of inheritance which causes
the control of the Defendant which is argued because the Defendant's husband
has redeemed the pledge is an unlawful act. Then to prove it, the evidence
submitted by the Plaintiff will be considered.
They are considering that in accordance with the
provisions in Article 283 Rbg, Plaintiff is obliged to prove the events,
rights, statements of events or statements of rights that he argues, which are
denied by Defendant so that the burden of proof is given to the Plaintiff as
the party who argues the right to the disputed object land.
Considering that from the answers, it has been
acknowledged that the dry land named Galintiong, which has been redeemed as a
pawn by the late husband of the Defendant and is located in Kampung Baru,
Bombongan Village, Makale Sub-District, Tana Toraja Regency, is the object of
the dispute between the parties as stated in the local inspection dated
September 10, 2012, with known boundaries, namely:
a.
North:
bordered by a ditch, land and Manggape's house.
b.
West:
bordered by the houses of Y. Buntu, A. Pala'langan and M. Tanggaran.
c.
South:
bordering the office house of the Regent of Tana Toraja.
d.
East:
bordered by the house of Mrs. Tandungan and Maria Biang.
Considering
that before the letter evidence marked P-1 to P-6 is considered as evidence,
the panel of judges needs first to assess whether the letter evidence can be
valued as perfect evidence and can be trusted based on the provisions of
Article 301 Rbg, namely:
Paragraph (1): The strength of a letter evidence is
contained in the original deed.
Paragraph (2): If there is an original deed, then
the copy and the summary may only be trusted if they are by the original, which
can always be requested to be shown.
Considering
that the letter evidence marked P-3 in the form of a letter signed by the
witnesses, namely A. Palu'langan, M. Tangaran, Maria Biyang, and Y. Buntu, and
the final attachment letter signed on behalf of G. Y. Lembang is a photocopy of
a copy as well as Exhibit P-4 and Exhibit P-5 do not have the original so that
such letter evidence cannot be perfect and unreliable evidence. Lembang is a
photocopy of a copy, and Exhibit P-4 and Exhibit P-5 do not have the original,
so such letter evidence cannot be perfect evidence and cannot be trusted.
The panel of judges will then consider the
Plaintiff's evidence as follows.
Considering
that based on the testimony of the Plaintiff's witnesses, the following facts
were obtained:
1.
The
witness, Gerardus Dunggu Lisu, who made the letter P-1.
2.
The
witness, Gerardus Dunggu Lisu, was present when the pawn between Gerarda Yohana
Lembang and A. P. Limbong Allo occurred in 1965.
3.
The
witness, Gerardus Dunggu Lisu, was present when the pawn payment was made.
4. The witness needed to find
out whether the brothers knew the pawn from Gerarda Yohana Lembang.
5. The pawn was with her
parents' knowledge, and Gerarda Yohana Lembang's parents were still alive when
the rice fields were pawned.
6. That the mortgaged rice
field belonged to Gerarda Yohana Lembang's parents.
7. That the witness needs to
find out to whom the disputed land belongs.
Considering that none of those above facts can
explain the disputed object land that has been divided into inheritance by
handing it over to the Plaintiff as the heir by his mother, which is said to be
a sign of gratitude, but all witnesses testified about the existence of a
pledge made by the Plaintiff with the knowledge of his parents and saw the
Plaintiff working on the disputed object land in the 1990s. Hence, there is no
connection to prove the arguments of the Plaintiff's claim.
Although the facts from the Plaintiff's witnesses'
testimony cannot prove the Plaintiff's lawsuit's arguments, it is necessary to
connect these facts with the Plaintiff's letter evidence as follows.
Considering that the letter evidence marked P-1 is a statement letter from G.
Y. Lembang explaining the existence of a pawn between G. J. Lembang, who had
received money as a loan from A. P. Limbong Allo, approved by his parents.
However, if connected with the facts from the witness testimony, it proves that
the Plaintiff pawned the disputed object land by receiving the pawn money from
A. P. Limbong Allo in 1965 and with the knowledge and approval of his parents
as also explained in letter Exhibit P-5. Limbong Allo in 1965 and with the
knowledge and approval of his parents, as also explained in letter evidence
P-5, although it cannot be used as perfect evidence but is supported by the
facts from witness testimony and letter evidence marked P-1 so that it can be
proven regarding the pawn made by G. J. Lembang with the approval of his
parents, but this evidence cannot prove the arguments of the Plaintiff's claim.
Considering that despite all of the Plaintiff's
evidence proving the existence of a pledge made by the Plaintiff, according to
the panel of judges, the occurrence of a pledge made by the Plaintiff and the
redemption of the pledge as evidence P-4 is not evidence of ownership of a
property right to the object in dispute but for the Defendant is the basis for
the Defendant's control over the object in dispute which the Plaintiff
recognizes.
Because Plaintiff cannot prove the arguments of his
claim, the petitum of Plaintiff's claim does not need to be further elaborated.
The defendant's control over the object in dispute cannot be considered
unlawful as long as it has not been proven otherwise. Therefore, the
Plaintiff's claim must be declared rejected in its entirety. The Plaintiff is
also ordered to pay the court costs arising in this case with the amount to be
determined in the ruling below.
Analysis of Makale District Court Decision Number
41/Pdt.G/2012/PN.Mkl
The
author disagrees with the judge's consideration above, which states:
Considering that despite all of the Plaintiff's evidence proving the existence
of a pledge made by the Plaintiff, according to the panel of judges, the
occurrence of a pledge made by the Plaintiff and the redemption of the pledge
as evidence P-4 is not evidence of ownership of a property right to the object
in dispute but for the Defendant is the basis for the Defendant's control over
the object in dispute which the Plaintiff recognizes.
After
the judge's consideration, it has been proven that the Plaintiff mortgaged the
land, and the Defendant redeemed the land so that the Defendant controlled the
disputed object. Therefore, Defendant has committed a tort because there was no
legal relationship between Defendant (the party redeeming the land) and
A.P. Limbong Allo (the mortgagor). A
legal relationship exists when the Defendant and A.P. Limbong Allo agreed. The
redemption made by Defendant was contrary to the legal principle of pacta sunt servanda,
which means that "agreements are binding" and contrary to Article
1338 of the Civil Code ", stating that all agreements made legally shall
apply as law to those who make them".
This
is where the importance of determining the legal relationship in a civil case
becomes apparent. In this case, the weakness of the Plaintiff's claim in
postulating a legal relationship is that the Plaintiff should only postulate 1
legal relationship, namely that the Plaintiff mortgaged the land to A.P..
Limbong Allo and is entitled to redeem the land.
CONCLUSION
Based
on the research and discussion results, it can be concluded that the judge's
consideration was incorrect because the judge considered this dispute to be an
inherited land dispute in Makale District Court Decision
No.41/Pdt.G/2012/PN.MKL. The basis of the dispute between Plaintiff and
Defendant was that Defendant redeemed the pawned land, even though it was
Plaintiff who entered into the land pawn agreement with A.P. Limbong Allo.
Limbong Allo was the Plaintiff. So here, there is no legal relationship between
Defendant and A.P. Limbong Allo; there is a legal relationship between
Plaintiff and A.P. Limbong Allo. This is by Article 1338 of the Civil Code,
"stating that all agreements made legally shall apply as law to those who
make them". In this case, the judge's decision should have declared the
Plaintiff's claim inadmissible (Niet et al.) due to a lack of parties where
A.P. Limbong Allo was not made a Defendant. Limbong Allo was not made a
Defendant.
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