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Posts Tagged Herziene Indonesich Reglement

Change of Claim

Herzeine Inlandsch Reglement (“HIR”) and Reglement Buiten Govesten (“RBg”) do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering (“Rv”).

There are some provisions on the period of time to propose a changing of claim, as follows:

1.Until main dispute is decided

This period of time is affirmed under the provision of Article 127 of Rv. Article 127 of Rv regulates that the plaintiff has the right to change or reduce the claim until the main dispute is decided. This period of time is considered giving the plaintiffs too much right and is considered as an abuse against the defendant.

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The Amendment of Claim

Background

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.”

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