Tinjauan Yuridis Error in Persona dalam Penggadaian Sertifikat Hak Milik Yang Dijaminkan Kepada Koperasi Simpan Pinjam Bina Bersama (Studi Putusan Nomor 8/Pdt.G/2019/PN.Kbu)

Abstract

Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted to the court where the party filing the lawsuit is called the plaintiff and the party drawn in the lawsuit is called the defendant, the lawsuit is based on the arguments / legal reasons filed. Thus the party filing a lawsuit must be clear and careful in attracting the parties and it must be seen whether the person who is suing and being sued has the capacity and the right legal position.