NE BIS IN IDEM not Attached at the Suit of the Verdict of the Civil Code that is Declarative

Authors : Kosmas Dohu Amajihono

Volume/Issue : Volume 5 - 2020, Issue 8 - August

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DOI : 10.38124/IJISRT20AUG089

A lawsuit in the civil procedure law there are two types of lawsuit voluntair and lawsuit contentiosa. The verdict against a lawsuit voluntair is a decision that is declarative. While the verdict of the lawsuit contentiosa consists of the ruling is declarative, the decision is constitutive, the verdict is kondemnator, of some kind of court verdict, the only verdict that is kondemnator that have permanent legal force, which have the nature of forcing the losing party to submit or empty the thing which is the object of litigation to the winning side, better submit its case voluntarily or by way of execution which was implemented by the court. While the decisions which are declarative and constitutive that have permanent legal force can not be implemented execution with the reasons for decisions which are declarative only declare something a state, in which case the state is a state that is valid according to the laws and the decisions which are constitutive only create a state of the new law, there is not a state of nature forcing the losing party to surrender or vacate its verdict. Therefore the solution that the ruling is declarative dankonstitutif can be executed the winning party can file a new lawsuit in the court of law which has to examine and decide the case with a lawsuit necessarily just adding and/or lists their petition judgment (kondemnatoir), so that the decisions which are declarative can be conducted by way of execution, but denganmemperhatikan carefully postulates a new lawsuit, so that is not attached to the principle of ne bis in idem.

Keywords : Lawsuit, the verdict of the civil code are declarative, Ne bis in idem.


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