Understanding the Distinctions between Lawsuit and Petitions

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In Indonesian civil procedural law, court proceedings are generally initiated either by a lawsuit or a petition. While both mechanisms serve as formal means to seek relief before the courts, they differ fundamentally in terms of legal character, procedural requirements, and the nature of the disputes they address. For legal practitioners and parties involved in civil litigation, understanding these distinctions is crucial to choosing the correct procedural path. In this edition of the ARMA Litigation Series, we outline the key differences between lawsuits and petitions.

1. Lawsuit (Gugatan)

   A lawsuit is a legal claim arising from a dispute between at least two parties: a plaintiff and a defendant. The defining characteristic of a lawsuit is its adversarial nature, as the defendant typically responds to the claim brought by the plaintiff.

   According to M. Yahya Harahap in Hukum Acara Perdata Tentang Gugatan, Persidangan, Penyitaan, Pembuktian, dan Putusan Pengadilan (p. 46–47), a lawsuit inherently involves a conflict that cannot be resolved privately and must instead be settled through judicial adjudication. In such cases, the judge’s acts under Jurisdictio Contentiosa, exercising authority to resolve the dispute fairly through judicial adjudication and deliver a binding decision. This function falls under the scope of Jurisdictio Contentiosa, which refers to the authority to impartially and issue a binding decision. ¹

   Common examples of lawsuits include divorce claims (Gugatan Cerai), breach of contract claims (Gugatan Wanprestasi), and tort claims (Gugatan Perbuatan Melawan Hukum or PMH). For a more comprehensive discussion on lawsuit, please refer to the ARMA Litigation Series Update available at https://www.arma-law.com/news-event/newsflash/drafting-a-civil-lawsuit.

2. Petitions (Permohonan)

   A Petition is a legal request that does not involve a dispute, and is typically filed by only one party, known as the Petitioner. Unlike lawsuits, petitions do not seek a judgment from an adversarial process but rather a judicial declaration or confirmation of a legal status or right to provide legal certainty. The decision rendered in such matters is generally declaratory in nature (putusan declaratoir), which means that the court merely confirms or affirms a legal condition.

   This judicial function falls under the category of Jurisdictio Voluntaria, or voluntary jurisdiction, which is not adversarial but administrative in nature. In such cases, the judge serves more as an administrative officer of the state, tasked with confirming a legal fact or status rather than resolving a conflict.

   A distinctive feature of a petition is its reflective nature, as it serves solely the interest of the petitioner without involving other parties. Because the petition process is administrative and non-contentious, there is no formal trial or adversarial proceeding. As long as the required legal and procedural conditions are met, the petition is generally granted by the court. Common examples of petitions include adoption applications, name changes, appointments of a guardian, consignment applications, and civil registry corrections.

3. Examination Process

   In a lawsuit, the examination process is conducted through an adversarial procedure (contradictoir), whereby both parties, the plaintiff and the defendant(s) are granted equal rights and opportunities to present and refute arguments. The plaintiff may respond to the defendant’s rebuttals, and vice versa, through successive stages of statement of claim, statement of defense, reply (replik), rejoinder (duplik), and conclusion. Such reciprocal argumentation ensures procedural fairness in resolving the dispute. An exception to the adversarial process may occur through verstek (default judgment), where the defendant fails to appear before the court without a valid reason despite being properly and lawfully summoned by the court bailiff. In such cases, the court may proceed without the presence of the absent party and render a decision based solely on the plaintiff’s claims and evidence. ² Once the examination of the dispute between the parties is completed in its entirety, the court will render a judgment (putusan) on the lawsuit. In a petition, by contrast, the process is ex parte, meaning it involves only the petitioner. In addition, the process is also non-adversarial and simplified, where the court merely hears the petitioner’s statement and examines any supporting documents or witness testimony. There are no stages of reply, rejoinder, or conclusion. Upon completing the examination, the court will issue a decree (penetapan or beschikking). This procedural distinction highlights the difference between adjudication in lawsuit cases (contentiosa) which ends with a judgment (vonis/award) and decisions in petition cases, which conclude with a decree (beschikking).

Conclusion

In conclusion, the main differences between a lawsuit and a petition can be summarized as follows:

1. Nature of the Case

   In a lawsuit, the matter presented involves an actual dispute between parties. In contrast, a petition concerns unilateral interest, with no contention or opposition from other parties.

2. Parties Involved

   Jurisdictio Contentiosa (adversarial jurisdiction) always involves at least two parties, one acting as the plaintiff and the other as the defendant. Meanwhile, in Jurisdictio Voluntaria (voluntary jurisdiction), there is only one interested party (the petitioner), with no opposing party or third-party involvement. The process is conducted ex parte.

3. Judicial Discretion

   In adversarial proceedings, the judge is strictly bound by statutory law and must remain impartial and independent from any external influence. The judge’s role is limited to applying the positive legal provisions. On the other hand, in voluntary proceedings, the judge has broader discretion to exercise appropriate judgment to confirm legal facts or regulate matters administratively.

4. Scope of Judicial Activity

   In a lawsuit, the judge’s actions are limited to the scope of the parties’ claims. In contrast, in a petition, the judge may go beyond the petitioner’s request if deemed necessary, as their role is administrative in nature and oriented toward regulation.

1. Article 3 of Law No. 48 of 2009 on Judicial Power ↩
2. Article 125 HIR (Herzien Inlandsch Reglement) and Article 78 RBg (Reglement op de Burgerlijk Rechtsvoordering) ↩

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Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.

Go to

1. Lawsuit (Gugatan)
2. Petitions (Permohonan)
3. Examination Process
4. Conclusion

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