Analisis Yuridis terhadap Putusan Hakim dalam Memutus Gugatan Penyerobotan Lahan yang Tidak Dapat Diterima (Studi Putusan Pengadilan Negeri Medan Nomor 225/PDT.G/2020/PN.MDN)

Abstract

A Limited Liability Company is a legal entity that has the right to acquire land for investment, as a location, and as a domicile, as regulated by Indonesian law. In the District Court Decision Number 225/Pdt.G/2020/PN.Mdn, the Judge's decision regarding the Unacceptable Lawsuit is of interest to be studied with the following research objectives: To understand the factors that cause a lawsuit to be unacceptable and its consequences based on civil procedural law, To understand the position of the heirs of shareholders as reviewed based on Law Number 40 of 2007 concerning Limited Liability Companies, To understand the considerations and decisions of the Judge regarding the unacceptable lawsuit in the District Court Decision Number 225/Pdt.G/2020/PN.Mdn. Type of research: normative legal research. The nature of descriptive-analytical research. Legislative approach and case approach. The data collection technique in this thesis was conducted through a literature review. The conclusion in this thesis is drawn using the deductive reasoning method. The factors causing the lawsuit to be declared inadmissible are the lack of legal standing of the plaintiff, the lawsuit not meeting formal requirements, containing substantive defects, and the plaintiff not meeting the relative competence requirements, which prevent the lawsuit from proceeding to the examination process. The position of the heirs of a shareholder in a limited liability company is legally recognized; the heirs are entitled to inherit the shares subject to the provisions of the company's articles of association and are required to register the transfer of shares in the shareholders' register. In this ruling, the plaintiff is not the Board of Directors of PT. Subaru Utama & Co but merely the heirs of the shareholders, so the lawsuit from the plaintiff does not have legal standing. Therefore, based on the legal considerations of the panel of judges, the lawsuit was declared inadmissible due to failing to meet the formal requirements, such as the lack of clarity in the legal basis of the lawsuit and the ambiguity of the object of the dispute in the lawsuit. Thus, the judge ruled the case as niet ontvankelijk verklaard. (NO).