Analisis Hukum terhadap Pencantuman Pejabat Publik Sebagai Turut Tergugat dalam Perspektif Hukum Acara Perdata (Studi Putusan No. 235/PDT.G/2024/PN JMB)

Abstract

Under civil procedural law, the parties to a lawsuit fundamentally consist of the Plaintiff and the Defendant. However, judicial practice also recognizes the Turut Tergugat (Co-Defendant or Joined Defendant) a party who does not directly possess the object of the dispute nor commit the unlawful act in question, yet is deemed to have an interest in or connection to the subject matter, necessitating their inclusion in the proceedings to ensure the effective enforcement of the court's judgment. Generally, a Turut Tergugat is not burdened with the obligation to perform a specific obligation (prestasi) in the manner of the principal Defendant; rather, they are simply required to abide by and comply with the court's ruling. Civil procedural law doctrine dictates that a Turut Tergugat should be named when a party maintains an administrative or factual connection to the object of the dispute, such that their absence could potentially render the judgment unenforceable. Formal considerations constitute the portion of a judge's reasoning that addresses procedural aspects or the conduct of court proceedings. In civil procedural law, before examining the merits of a case, a judge must first assess whether the filed lawsuit meets the formal requirements prescribed by law. These formal considerations encompass the clarity of the parties' identities, the court's absolute and relative jurisdiction, the clarity of the posita (factual grounds) and petitum (claims/relief sought), and compliance with civil procedural law provisions. Consequently, formal aspects serve as the gateway for the judge to determine whether a case warrants further examination; if formal requirements are not met, the judge cannot proceed to examine the substance of the case. This study employs a normative-juridical research method and utilizes a case approach. Legal materials were gathered through library research a technique involving the identification, reading, and analysis of legal materials relevant to the research problem. The conclusion of this study is that the inclusion of the official in question stems from the failure to carry out an administrative action specifically, the publication or formal processing of rights to a building. The subject matter of the dispute falls within the realm of state administrative law, given that the issue at hand concerns the administrative authority of a public official.