RECONSTRUCTING THE REGULATION ON THE WITHDRAWAL OF CIVIL LAWSUITS UNDER ARTICLES 271 AND 272 OF THE REGLEMENT OP DE RECHTSVORDERING (RV) TO ADDRESS THE LEGAL VOID IN THE HIR/RBG

Abstract

The regulation of civil lawsuit withdrawal within the Indonesian civil procedural law system faces normative issues because the Herziene Indonesisch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg) do not explicitly govern the mechanisms, requirements, time limits, and legal consequences of such withdrawals. This regulatory gap necessitates judicial law-finding to ensure the smooth conduct of judicial proceedings and legal certainty for the parties involved. This study aims to analyze the reconstruction of regulations regarding civil lawsuit withdrawal by adopting the principles found in Articles 271 and 272 of the Reglement op de Rechtsvordering (Rv) to address the legal vacuum in the HIR/RBg and achieve legal certainty. The study employs a normative legal research method, utilizing statutory, conceptual, and case-based approaches. The findings indicate that Article 271 Rv grants the plaintiff the right to withdraw a lawsuit before the defendant submits a response without requiring the defendant's consent, whereas withdrawal after the response has been submitted requires the defendant's approval. Meanwhile, Article 272 Rv regulates the authority of the parties entitled to withdraw a lawsuit. In judicial practice, these principles serve as guidelines to fill the HIR/RBg legal vacuum, grounded in the principles of process doelmatigheid (procedural efficiency) and process orde (procedural order). The application of these principles is exemplified in the Sekayu District Court Order Number 20/Pdt.G/2024/PN Sky, where the judge utilized Articles 271 and 272 Rv as the basis for law-finding to resolve issues surrounding lawsuit withdrawal. Reconstructing the regulations on lawsuit withdrawal is essential to establish clear parameters regarding the stages of withdrawal, the requirement for defendant consent, the authority of the withdrawing party, and the legal consequences of withdrawal; this ensures legal certainty, orderly judicial proceedings, and a balanced protection of the parties' interests.