Somasi is a translation of ingebrekestelling and is a term used to describe a warning or warning. The term is not known in the law, the term is used to refer to an order (warrant) or warning (warning letter). The purpose is made as a reminder so that the person concerned is not negligent and forgets the obligations that should be done. As well as giving the person the opportunity to do something or stop an act as demanded by the giver.
The promulgation is regulated in article 1238 of the Criminal Code which states: “The person in debt is negligent, if he, by means of a warrant or with a similar deed, has been declared negligent, or for the sake of his own engagement, is if this stipulates that the debtor must be considered negligent by the expiration of the time that has passed. As well as Article 1243 of the Criminal Code which states “That a claim for default of an agreement can only be made if the debtor has been warned that he has neglected his obligations, but then he continues to neglect it. This warning is done in writing “.
When will the Somasi be given? Because the summons has the character of giving warning and warning. then it can only be given when someone is due or when someone does not carry out their obligations as agreed, the summons is usually made up to 3 (three).
An example is like this: Mr. Hari promised to pay off his debt to Mr. Ifnu on December 1, but after December 1, Mr. Hari has not yet paid off his debt, in this case Mr. Hari has passed the due date, so Mr. Ifnu can give a summons (warning) to Pak Hari to pay off his debt immediately.
Who has the right to apply for a Somasi? There is no regulation in civil procedural law regarding who has the right to do and make. This means that anyone as long as he has the ability to take legal actions, can issue a party to the agreement who neglects his obligations. The application of subpoena in legal practice, is not only limited to cases of breaking promises (default), but is often also applied in cases in the form of acts against the law or in criminal cases, especially fraud, embezzlement and others.
