Posts Tagged Amendment
In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim letter which is registered to the authorized local district court and by the district court, it would be sent to defendant. In the matter of the claim letter which has been registered by plaintiff, then the plaintiff may perform the amendment of claim. The amendment of claim is the one of rights which is granted to the plaintiff in changing or reducing the content of claim letter which is made ??by him/her. In this case, either a judge or defendant cannot block and prohibit the plaintiff to amend his/her claim. The amendment of claim has to promote the legal values in accordance with the laws.
The regulation on amendment of claim is not regulated in Herziene Indonesich Reglement (“HIR“) and Rechtsreglement Buitengewesten (“RBg“), but it is set in the Article 127 of Reglement op de Rechtsvordering (“Rv“), as follows:
“The Plaintiff has the right to amend or reduce his/her claim until the case is decided, without amending or adding the main claims.”