Antara Actio Popularis dan Citizen Law Suit

Of course we are still suing David Tobing against the Garuda symbol which was "engraved" on the national team logo. The cause is called Civil Action . What is a civil rights claim?

Before moving on directly to the main topic, it is helpful to discuss general issues that are governed by laws or regulations.

Exercising a right constitutes the "rules of the game" in exercising this right. Civil procedural law performs an important function of the empirical norm for the exercise of law, it must be rigorous, permanent, correct , safe, non-deviant and binding (mandatory), but not a legal institution.

Not everyone can sue, as they suggest. It is the judge, endowed with the power to accept, review and resolve cases, adhering to the rules of procedure in force and not subject to the judiciary, who chooses his own way of judicial process, which has no legal basis. .

The Code of Civil Procedure regulates procedural rights and obligations, reporting obligations and reporting obligations such as obligations, debt obligations).

If article 5 of law no. 3 of 2009 states that judges are required to investigate the law in society so that the law is a material law and not a law of rights and duties. Even then, the study of law, the pursuit of law, is not about creating a "turning point", but about the methods or rules of the game.

The main fundamental principle important to our civil law is the point of interest principle ( Mertokusumo, 53: 2006 ), which means that any interested person can file a complaint or grievance.

The source of any interest here is not the interest, but the direct legal interest, ie the interest which is based on the existence of a legal relationship between the plaintiff and the defendant and by the plaintiff living directly and specifically a legal relationship.

Another important principle in procedural law is the establishment of the existence of such rights or events (Article 163 HAV ). The plaintiff must prove that there is a connection between him and his rights or interests.

In practice, the manner of filing a civil lawsuit is called a representative complaint or a complaint by a group of persons with a common interest in the case, made by one or more members of the group without specifying the members of the group separately. This type of management action is known as a group action, taken from the Anglo-Saxon system (Mertokusumo, 2006: 71) and from law no. 23 of 1999 on the environment and law no. 8 of 1999 on consumer protection.

A civil lawsuit or a civil right to sue has similarities to the types of litigation and group litigation, ie. both are related to the public / public / public interest. Citizens' lawsuits are also called popular actions. The procedure is not yet regulated by Indonesian laws and regulations.

The civil lawsuit is in the legal system of customary law, while the collective action in civil law with the term actio popularis. In this case, it is a mechanism through which citizens can sue public administrators for negligence in exercising the rights of citizens. Negligence was recognized as an illegal act, so the Bürgerklage / actio , known in this case, was brought as a civil suit in a court of general jurisdiction. Therefore, for its negligence in petitum della causa, the state has established a generally accepted policy (regeling) that this should not be repeated in the future.

In essence, a civil suit / Actio Popularis is the right to a civil suit, which aims to protect citizens from possible losses caused by the action or inaction of the state or authorities. According to Gokkel, a civil suit / Actio Popularis is a lawsuit that can be filed by any citizen without distinction and by state agreement. According to Michael D. Axline, the civil case / Actio Popularis gives citizens the right to sue some (private) parties that break the law, as well as gives citizens the right to sue state and (federal) agencies that break the law. fulfill its law enforcement obligations

Therefore, any member of the state, on behalf of the public interest, can sue the state or government, or anyone who commits illegal acts that are manifestly detrimental to the public interest and society. In the Bürgerklage / Actio Popularis , the right of citizens to sue is unconditional in the public interest, so that persons involved in a judicial process should not suffer direct harm nor need special authorization from a member of the community. representing.

Based on a review of the main objectives, definitions and limitations of a civil / popular rights lawsuit , as described above, From this we can conclude that Bürgerklage / Actio Popularis has the following characteristics:

a. Civil case / Actio Popularis is the access of a person or citizen to file a complaint in court on behalf of all citizens or public interests;

2.   Civil Rights Action / Actio Popular - the right to protect citizens from any harm arising from the actions or inactions of the state or public authorities;

3.   Civil Cases / Actio Popularis gives citizens the right to sue state and government agencies that violate the law or fail to fulfill their law enforcement obligations;

four.   Individuals who are actors in a civil action / popular action should not experience direct or visible harm;

5.   As a general rule, courts tend to seek redress when filing a civil / popular lawsuit .