Legal Disclaimer of Civil Procedures in Rules as a Failure to Achieve Justice

Abstract

The judge is the representative of God in the world to provide justice for Yustiabelen, so that the justice given to the people who seek justice is at least closer to justice. The Supreme Court of the Republic of Indonesia is very precise in providing education and training to judges, both in perfecting their legal knowledge and in refining judge profiles through ethical development. However, although sufficient training education has been provided based on the results of the research, there are many decisions that are far from fair. As this happened in the Decision of the Pamekasan Religious Court with Case Number 894 / Pdt.G / 2020 / PA.Pmk with the main case of a lawsuit for child support. Because the lawsuit involved the Pamekasan Police as Co-Defendant as the Defendant's superior, it turns out that the Plaintiff's claim was declared niet ontvankelijke verklaard or unacceptable without examining the subject matter which was decided after the failed mediation attempt. Such a decision is very detrimental to justice seekers, so that it can be drawn the formulation of the problem of how the Civil Procedure Law is used as the basis, so that the verdict states that the Plaintiff's claim cannot be accepted. After being studied using the normative juridical method, namely by using secondary data, namely in the form of primary legal material, the Pamekasan Religious Court's decision violated the Civil Procedure Law regulated in the HIR (Het Herziene Indonesisch Reglement) regarding the verdict.