According to Sudikno Mertokusumo, the Judge’s decision is a statement by the judge as a state official who is authorized to do so, pronounced at the trial and aims to end or resolve a case or problem between parties. Simply put, the judge’s decision is the final decision declared by the judge from an examination in court. Generally, a decision contains sanctions in the form of punishment for the defeated party in a trial in court. In civil procedural law, the sanctions can be in the form of fulfilling obligations (achievements) or providing compensation to parties who have been harmed or won in court.
In civil procedural law, the types of judge’s decisions are distinguished and grouped based on:
2. Nature of Decision
3. Presence of the Parties
on the Time of Imposition There are 2 types of decisions based on the time of their imposition, namely:
1. Interim Decision, which is a decision that is handed down before the final decision which is intended to enable or facilitate the continuation of the examination of the case.
2. Final Decision, namely a decision that aims to end and resolve an ongoing case at a certain level of justice, namely the court of first instance, the court of appeal and the supreme court.
on Its Nature
1. Declarator’s Decision (Declaratoir) Declaratoir Decision (Statement) is a decision that only confirms or states a legal situation. For example, that Stephen is the legal adopted son of Alex and Rina
2. Constitutive Decision (Constitutief) Constitutive decisions (regulations) are decisions that can nullify a legal situation or create a new legal situation. For example, Alex’s divorce decision with Rina, or PT Looking for true love was declared bankrupt by a commercial court decision.
3. Condemnator’s Decision (Condemnatoir) Condemnatoir (punishing) decisions are decisions that are punishing the defeated party in the trial to fulfill obligations (achievements). In general, this condemnatory decision occurs because the relationship between the plaintiff and the defendant is sourced from an agreement or law.
Decision Based on the Attendance of the Parties
1. Lawsuit Decision Falls namely the decision that was handed down because the plaintiff did not attend the hearing on the appointed day after being properly summoned by the court bailiff. In this decision the judge can declare that the plaintiff’s claim is invalid and the plaintiff is sentenced to pay court fees.
2. Verstek’s verdict Namely, a decision handed down by a judge if on the first day of the trial that has been determined the defendant does not attend the trial without a valid reason even though it has been properly summoned by the court bailiff. Against this verstek decision, the defendant can file an appeal where the appeal is known as.
3. Contradictoir Decision Namely a decision based on the presence of the parties at the reading of the final decision. Therefore, there are two types of contradictoir decisions. When the verdict is read, the parties are present and when the verdict is read, one of the parties is not present.