South Jakarta District Court Research Articles

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Proof of Coercion and Fraud in the Making of Notarial Deeds Case Study of South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell

An agreement is one of the sources of engagement regulated in Chapter II of Book 3 of the Civil Code which can be stated in the form of a Notarial Deed. Authentic deeds clearly stipulate rights and obligations, providing legal certainty. In dispute resolution, authentic deeds function as the strongest written evidence. However, even with perfect evidentiary power, a Notarial Deed cannot be separated from efforts to cancel the contract. Some of the reasons for cancellation are due to defects in the agreement due to elements of coercion and/or elements of deception as stated by the Plaintiff in South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell. Based on the research results, the Plaintiff is obliged to provide clear evidence. When compared with the Plaintiff's evidence, the evidence presented by the Plaintiff is not sufficient to prove the argument of coercion or fraud because the Plaintiff's Witnesses did not know that the Plaintiff and the Defendants had entered into a Sale and Purchase Agreement. In the process or attempt to cancel a notarial deed, the evidence must be clear and in such a way that the party who has the notarial deed does not need other evidence to state the truth of the notarial deed. With this formulation, the judge no longer needs to test its truth or in other words, an authentic deed has perfect evidentiary power both physically and materially.

An Analysis of Court Decisions Regarding Applications for Interfaith Marriage (Comparative Study of Decisions Number 131/Pdt.P/2021/PN Jkt.Sel and Number 122/Pdt.P/2020/PN.PTI)

The emergence of differences in views regarding whether or not interfaith marriages are permissible in Indonesia because it has not been clearly regulated in the Marriage Law has led several people to apply for interfaith marriages. The aim of this research is to find out the legal basis and considerations of judges in handing down decisions on interfaith marriages in the District Court and the implications of the judge's decisions on these marriages. This research is normative juridical research which is based on several laws and regulations regarding marriage. The results of this research explain that (1) Decision Number 131/Pdt.P/2021/PN Jkt.Sel is an application for permission to register interfaith marriages which was granted by the South Jakarta District Court, where the judge thought there was a lack of explanation of the law because in The law does not expressly prohibit interfaith marriages. The judge's consideration in deciding this case was because he understood Article 2 paragraph 1 of the Marriage Law Number 1 of 1974, which states that marriage is valid according to the laws of each religion and belief. Meanwhile, determination Number 122/Pdt.P/2020/PN.PTI is an application for a marriage permit which was rejected because this application was deemed to contain formal defects so it could not be accepted (niet on vankelijke verklaard). (2) The legal implication of the decree being granted is that there is no problem because legally it is permissible to carry out interfaith marriages. This includes the relationship between husband and wife and their children, which is regulated in law and has permanent legal force. Meanwhile, the implication of a rejected decision regarding the validity of the marriage is that it is invalid and all legal consequences arising from the marriage are not recognized.

<b>ANALISIS PENETAPAN NOMOR 53/PDT.P/2023/PN JKT.SEL MENGENAI PERMOHONAN PENCATATAN PERKAWINAN BEDA AGAMA YANG DIKABULKAN OLEH PENGADILAN NEGERI JAKARTA SELATAN</b>

Interfaith marriage is a marriage in which a person with different religious beliefs and still respective to their religions. Formulation of the problem in this study is whether the South Jakarta District Court has the authority to examine and determine applications for registration of marriages of different religions and whether the South Jakarta District Court judge used the legal considerations used in Decision Number 53/Pdt.P/2023/PN Jkt.Sel in accordance with Law Number 1 of 1974 and the Complication of Islamic Law in granting applications for registration of marriages of different religions. The research method uses normative legal research, is analytical descriptive and data collection uses library research and deductive methods of drawing conclusions. Results of the research and discussion of the South Jakarta District Court Judges are indeed authorized to determine interfaith marriages, but even though they are authorized, the South Jakarta District Court Judges should not grant the application. Conclusion is that the South Jakarta District Court Judge uses legal considerations that are contrary to Law Number 1 of 1974 concerning Marriage, the Complication of Islamic Law and religious provisions in Indonesia and also the lack of legal considerations of judges or Onvoldoende gemotiveerd in granting applications for interfaith marriages

Investigating Online Fraud with the BRI Mobile Mode : Modus Operandi and the Gaps in Law Enforcement

<em>Cyber universe was made uproar by the actions of fraudsters posing as bank employees. Fake advertisements are a 'cover' for fraudsters in their efforts to 'drain' victims' money. In 2023, the South Jakarta District Court sentenced 9 perpetrators. this article, we will examine in depth the modus operandi used by the perpetrators, related to legal regulations. a critical assessment will be carried out regarding law enforcement carried out by the Public Prosecutor and the Panel of Judges. The author uses a legal research with statutory and regulatory policies and case approach to answer the problem. The results of the research show that the perpetrators used various modes, where each of these is an independent criminal act. It was found that there were gaps in the legal enforcement of this case, especially by the prosecutor, which included a lack of understanding regarding the ITE Law and other related regulations, as well as inconsistencies in the application of the concurus realis doctrin and sustainable actions, and there were indications of lack of seriousness in handling it, where Article 36 of the ITE Law which is the severity of punishment, is not applied in the indictment</em>

Pertimbangan Hakim Dalam Menjatuhkan Vonis Terhadap Lansia Demensia Yang Melakukan Perbuatan Tindak Pidana

Child molestation is a despicable act that is not only committed by any adults, but also elderly people who may suffer from dementia that may be at cronic stage. Criminal liability for elderly people with dementia has to be medically observed or medical forensic observation by certified mental health doctors. If a psychiatric expert states that the defendant suffer from a severe mental health that may be exampted by the law, then the defendant has the potential to be waved from penal punishment. The aim of this research is to determine the judge's considerations in giving sentences to defendants who is an elderly with cronic dementia. This research uses a normative juridical research method. The results of his research showed that elderly people with dementia were still found guilty because they were proven to have committed a criminal act, in their consideration the judge took into account aggravating and mitigating factors so that in their decision the judge sentenced the defendant to serve his sentence not in prison but sent him to a mental hospital. to be treated. In conclusion, the judge still sentenced the defendant because the judge believed that the defendant committed his actions before experiencing dementia, so the Panel of Judges at the South Jakarta District Court sentenced the defendant to 6 (six) months in prison and a fine of Rp. 20,000,000.00 (twenty million rupiah), and pay restitution in the amount of Rp. 38,736,550 (thirty-eight million seven hundred thirty-six thousand five hundred and fifty rupiah).

PERMASALAHAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA: STUDI KOMPARATIF

Over time, there has been a surge in interfaith marriages between men and women, which has led to a number of social and legal challenges. The Indonesian Conference on Religion and Peace (ICRP) registered 1,655 interfaith weddings from July 19, 2023, and 2005. The year 2023 has drawn significant attention, particularly after the South Jakarta District Court approved interfaith marriages by referring to Article 35, Letter A of Law No. 23 of 2006. Supreme Court Circular Letter No. 2 of 2023, which offers guidance for judges in making decisions pertaining to the registration of marriages between people of various faiths and beliefs, was issued by the Supreme Court in response to this circumstance.Keywords : Marriage; Different Religion; Supreme Court

Hospital Legal Liability In Medical Dispute Resolution (Case Study Of South Jakarta District Court Decision Number 484/PDT.G/2013/PN.JKT.Sel)

This research was conducted to determine the cause of negligence committed by medical personnel, and how to resolve medical disputes by analyzing the South Jakarta District Court Decision Number 484/Pdt.G/2013/PN.JKT.Sel. Further research was carried out by looking at the case related to the legal liability of hospitals for the negligence of their medical personnel by reviewing the Civil Code, Law Number 26 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 29 of 2004 concerning the Practice of Medicine, Law Number 36 of 2014 concerning Health Workers, and other related laws and regulations. It then examines whether or not the judge is appropriate in deciding a malpractice case. This research uses normative juridical research with a statutory approach, a conceptual approach, and a case approach. The result of this study is that the legal relationship between hospitals, doctors, and patients gives birth to rights and obligations for the parties based on the therapeutic agreement that has been regulated in Article 46 of Law Number 44 of 2009 concerning Hospitals, so that patients receive legal protection due to alleged malpractice committed by medical personnel, in this case doctors with the current laws and regulations

Legal Effects Of Bankruptcy On Marital Couples Without A Marital Agreement

Male and female couples marry to have offspring. If a couple does not have a marriage agreement, it could affect the property they own together, especially if one goes bankrupt. This research is descriptive-analytical research that leads to normative juridical research. Based on the research results, it is found that in bankruptcy, the debtor (husband) cannot pay and settle debts with his creditors, resulting in a joint property without a marriage agreement being included in the bankruptcy. As a result of this decision, the debtor's wife did not accept. She filed a lawsuit with the South Jakarta District Court (Decision of the Supreme Court of the Republic of Indonesia Number 510/Pdt.G/2019/PN Jkt.Sel). It was stated that the lawsuit could not be accepted or rejected because the South Jakarta District Court lacked the authority to examine and decide on bankruptcy cases. According to the results, the union of property is the union of assets and the burden of payment. The legal consequences of marital property without a marriage agreement, if one of the parties falls into bankruptcy, the bankruptcy of the husband and wife against their joint property through a court decision will be considered joint bankruptcy by the provisions in Article 64, Paragraph 1, of Law No. 37 of 2004.

Normative Juridical Analysis of the Decision South Jakarta District Court No. 508/pdt.p/2022/pn jkt.Sel About Interfaith Marriage

Indonesia is a country with various religions that makes influence factors of pluralism. There are many diverse and recognized religions in Indonesia, so this has led to many different religious marriages being proposed in Indonesia. This article is about to discuss the normative juridical analysis of the South Jakarta District Court decision No. 508/Pdt.P/2022/PN JKT. The cell under review also uses an approach to Islamic law and positive law. The writing of this article uses a library research approach by examining journals, theses and other theses related to interfaith marriage. As for the results of this study, according to Islamic law (Al-Qur’an and Madhzab Ulama) interfaith marriage is permitted on condition that the woman is not a polytheist and is a woman of the Bible. According to Positive Law (KHI Article 40 & Article 44 and Law No. 1 of 1974 concerning Marriage Article 2 paragraph 1) it is explained that interfaith marriage is illegal and cannot be carried out by both Muslim men and non-Muslim women. Then according to the MUI Fatwa Number 4/MUNAS VII/MUI/8/2005 the law is haram with the consideration that interfaith marriages cause more mafsada than benefits

Kekerasan dalam Rumah Tangga: Konsekuensi Hukum dan Perlindungan Korban

Recently, TV stations and social media were enlivened by news about domestic violence (KDRT) committed by artist FI against his wife who is also an artist named VM in a hotel in East Java. Previously, domestic violence among fellow LK artists was also horrified who experienced violence perpetrated by RB and this case ended with recovery and revocation of the police report. On social media, the viral video of domestic violence experienced by a child from his father, a businessman named RIS, has been determined as an allegation of a report from his wife after the examination and case title. Domestic violence against children which shocked the Indonesian public occurred in 1984 which was experienced by 7-year-old AH who died after being abused by his own biological father and mother. The South Jakarta District Court found Saya guilty and was sentenced to 5 years in prison while his wife S was sentenced to 3 years in prison. This research method uses a type of normative legal research that is carried out or focuses on positive legal norms in the form of laws and regulations with an empirical juridical approach by reviewing normative or juridical concepts regarding the implementation of legal protection for victims of domestic violence (KDRT) who are victims of crime. The conclusion of this study is that the reasons for the occurrence of acts of physical violence within the household (KDRT) by husbands against wives and/or children: infidelity factors, economic factors, psychological factors and the nature of the husband, educational factors, third party factors (family) and legal consequences due to acts of physical violence within the household (KDRT) by husbands against wives and/or children can be carried out through non-litigation through P2TP2A and Komnas Perempuan while handling litigation through police reporting.

Notary Responsibilities for Making Deeds Based on False Statements (Case Study of Decision Number: 782/PDT.G/2020/PN JKT.SEL)

Notaries are public officials (openbare ambtenaren) appointed by the Ministry of Law and Human Rights (KEMENKUMHAM) who have the authority to make authentic deeds. The notary deed clearly explains the rights and obligations of the parties so that the notary deed becomes the strongest and most complete means of evidence because it can prove the truth of its contents compared to a deed made privately. If a Notary as a public official is proven to have made a mistake in the deed they made, then as a result of their actions they can be held accountable both criminally and civilly if it causes a loss. In the case of the South Jakarta District Court decision number 782/PDT.G/2020/PN JKT.SEL a Notary in Tangerang was involved in a civil case of unlawful acts that resulted in the deed’s cancellation. A notary deed that is canceled by a court decision does not mean the result of a notary's mistake in making the deed, but can also be caused by an error or negligence on the part of the parties resulting in a lawsuit because the notary has made the deed in accordance with the regulations. The notary as a public official has the right to refuse not to notify the contents of the deed in accordance with the oath of office they uttered and taking the minutes of the deed and calling the notary must go through the approval of Notary Honorary Council as an institution that has the authority to carry out guidance and supervision of the notary and the existence of the right of refusal. become a form of legal protection for Notaries when carrying out their duties. This study uses normative legal research methods, by analyzing court decisions as the primary legal.

Analisis Aspek Hukum Pidana dalam Menangani Kejahatan Perdagangan Narkotika Studi Kasus: Putusan Pengadilan Negeri Jakarta Selatan No.133/Pid.Sus/2023/PN JKT.SEL)

This article analyzes the criminal law aspects in combating drug trafficking through a case study of the verdict of South Jakarta District Court Number 133/Pid.Sus/2023/PN JKT.SEL. Juridical-normative and qualitative approaches are employed to analyze the case facts, legal arguments, sentencing considerations, and social impacts of the court's decision. Case study, descriptive, comparative, and content analysis methods are utilized to gain a comprehensive understanding of the legal and social aspects involved in addressing drug trafficking cases. The research findings provide insights into the implementation of criminal law, social influences, and countermeasures against drug trafficking crimes. Recommendations can be made for the improvement of handling similar cases in the future.

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP SHOPEEPAY LATER

Qardh is a binding legal binding transaction from the creditor after the debtor receives the debt from him. Developments in the field of information technology are now experiencing rapid progress with e-commerce, namely buying and selling transactions or online trading, which is often done in a marker place or an online trading place where sellers only receive money when the goods reach the buyers. Buying and selling through the marketplace and e-commerce is allowed on the condition that the product specifications must be clearly identified and can be handed over as agreed. Shopee is one of the most successful marketplaces and is favored by its users in Indonesia, the qard contract was applied in one of the transaction payment methods, the ShopeePay Later method where this method presents instant loans provided by Shopee users who already have an online shop at Shopee. With the ShopeePay Later method shopee users can enjoy installments with 0% interest. ShopeePay later dispute resolution is resolved through al-shulh and if it is not consensus then it is resolved in the South Jakarta District Court.

JURIDICAL ANALYSIS OF PEOPLE OF THE CRIME OF PLANNING MURDER AS JUSTICE COLLABORATORS ACCORDING TO CRIMINAL LAW IN INDONESIA

The murder incident involving several police officers as the perpetrators of the victim who was also a member of the National Police made this case attract public attention. It was concluded that this case was a case of ordinary murder between fellow police officers using a shootout mode, but because one of the witnesses volunteered as a Justice Collaborator, this case was not an ordinary murder case, but rather a murder that had been planned and there was an attempt to manipulate the case involving dozens of police officers. Several police officers were even prosecuted because they were considered an obstruction of justice in this case. This research aims to see the position of the Justice Collaborator Provisions in the Criminal Law System in Indonesia and how the Justice Collaborator is implemented in Premeditated Murder Crime Cases based on the South Jakarta District Court Decision Case Study Number 798/Pid.B/2022/PN.Jkt.Sel. ). This type of research is normative legal research, using a statutory regulation approach, concept approach and case approach. The author concludes that the justice collaborator provisions in the legal system in Indonesia are that the perpetrator is not the main perpetrator and the case he experienced was a particular case that could cause serious disruption to society. Apart from that, perpetrators who are declared justice collaborators must be given awards for their cooperation in uncovering cases. Based on the judge's considerations and decisions, the perpetrator can be designated as a justice collaborator because he is not the main actor but only as an errand boy. As for the case, even though it is classified as a conventional crime, this case is considered to be undermining the image of the police institution because there was an attempt to fabricate the case by the intellectual actor who was a high-ranking National Police official.

ANALISIS PUTUSAN TINDAK PIDANA PENGGELAPAN DENGAN STUDI KASUS PUTUSAN NOMOR 1011/PID.B/2017/PN.JKT.SEL DAN PUTUSAN KASASI NOMOR 250.K/PID/2018

This study aims to determine how the judge's consideration in deciding the criminal case and the legal relationship. In the results of this study, the South Jakarta District Court Judge concluded that the case was not a criminal act but a case of competition in civil society based on a cooperation agreement between the two parties and It is proven that one of the parties committed a breach of promise (default). This research uses a normative juridical approach, namely by reviewing or analyzing secondary data in the form of secondary legal materials by understanding the law as a set of regulations or positive norms in the statutory system regulate human life. From the research conducted, the authors obtained the following results: The judge at the South Jakarta District Court concluded that the case was not a criminal act but a civil competition case based on a cooperation agreement between the two parties and it was proven that one of the parties had committed a breach of contract (default). Based on the level 1 verdict, namely the action was proven but it was decided to be free which was handed down by the Judge, it needed to be reviewed so that a legal action could be submitted to the cassation level so that it could provide legal certainty in accordance with the law

The Legal Aspect of Cancellation of a Marriage Due To Formed Identity (Case of Decision Number 586 / PDT.G / 2014 / PN. JAKSEL)

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia.

ANALISIS YURIDIS TERHADAP PUTUSAN ARBITRASE INTERNASIONAL YANG DIBATALKAN OLEH PENGADILAN NEGERI JAKARTA PUSAT (Studi Putusan Nomor: 631 K/ Pdt. Sus/ 2012)

Arbitration is dispute settlement outside the court which is final and binding. In an international contract, if the parties prefer to settle disputes through arbitration, arbitration institution has absolute authority to settle them. However, the implementation of arbitral decision is not effective yet, because the parties in some cases are found to be not ready to accept and respect an arbitral decision, so they submit a lawsuit to a District Court. This can be seen in the dispute between Harvey Nichols and Company Limited against Hamparan Nusantara Company and Mitra Adiperkasa Company. This is a normative juridical research with descriptive analysis. The main data consist of secondary data collected from library study and processed from primary, secondary, and tertiary legal materials. Data collection instruments used is document study, then the data obtained are analyzed qualitatively. The results demonstrate that the legal implications of the preference of law and forum approved by Harvey Nichols and Company Limited with Hamparan Nusantara Company and Mitra Adiperkasa Company is the enactment of the Substantive Law of England and Wales and the dispute settlement forum used is an arbitration forum based in London, England. Analysis of judge’s legal considerations in this case is that the South Jakarta District Court is not supposed to be authorized to verify lawsuit in this case. In addition, it is necessary to have good faith of the parties to respect the arbitration clause in the contract, so that the arbitration clause can be effective. Reconstruction of the revocation of the arbitration decision is also required because there is still a disharmony between the laws on judge’s authority in Indonesia and the laws on arbitration that there is a legal gap that can be used by parties who are not satisfied with the arbitration decision. It is suggested that business actors be aware before binding themselves in a contract because the preference of law and forum clauses be carried out according to the agreement in case of any dispute in the future. Supervision from the Supreme Court and the Judicial Commission is also necessary, so that the judges do not give decisions that deviate from positive law in Indonesia. Then, a revision of the Arbitration Law is also needed to create arbitration independence as a dispute settlement forum in Indonesia.

Hubungan Hukum Klausula Arbitrase Dengan Yurisdiksi Pengadilan Negeri

ABSTRACTThis research analyzed a Distribution Agreement between Roche Indonesia company (“Roche”) and distributing company Perusahaan Dagang Tempo (“Tempo”) which had an arbitration clause and verdict of South Jakarta District Court in Roche-Tempo case consisted of Putusan No. No.454/Pdt.G/1999/PN.Jak.Sel dated 29 May 2000. In distributing Roche’s pharmaceutical products in Indonesian domestic market, Roche had a distribution agreement with Tempo as its sole distributor. During the contract period, Roche terminated part of the contract unilaterally, which suffered Tempo. Tempo then filed a lawsuit against Roche to South Jakarta District Court, which was then rejected by Roche, claiming that the District Court had no jurisdiction over the case since the Distribution Agreement had an arbitration clause stipulating that any dispute must be settled arbitration, not the court. This Research was aimed to observe and to analyze the legal forces and the existences of arbitration clause in the Distribution Agreement viewed from Law No.30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”). The research was also to find out whether or not the consideration of the Judge in deciding a dispute of an agreement which involves arbitration clause was in accordance with Arbitration Law. This research applies juridical normative approach with the specification of analysis descriptive research, as well as qualitative normative data analysis method. This research showed that the arbitration clause in the Distribution Agreement had a legal force and binding capacity over Tempo and Roche. Tempo’s denial of this clause by filing the case to the district court was clearly inappropriate and dishonor the agreement. As for the South Jakarta District Court, which claimed that it had jurisdiction over this case was not in accordance with Arbitration Law. Keywords: Arbitration Clause; Distribution Agreement; Court Jurisdiction; Roche; Tempo

Pelindungan Hukum Bagi Pasien Dalam Penyelesaian Sengketa Medis Melalui Pengadilan (Studi Kasus Putusan Pengadilan Negeri Jakarta Selatan Nomor 538/Pdt.G/2016/PN.Jkt.Sel)

Salah satu kasus kegagalan mediasi di pengadilan terdapat pada perkara Pengadilan Negeri Jakarta Selatan No.538/Pdt.G/2016/PN. Jkt. Sel Selatan. Penelitian ini bertujuan untuk mengetahui pertimbangan hukum hakim dalam putusan Pengadilan Negeri Jakarta Selatan serta mengetahui pelindungan hukum terhadap pasien dalam penyelesaian sengketa medis melalui pengadilan pada perkara tersebut. Penelitian ini merupakan penelitian yuridis normatif dengan spesifikasi deskriptif analitis. Penelitian ini menggunakan data primer dan sekunder. Adapun teknik pengumpulan data yang digunakan adalah wawancara kepada narasumber, yaitu satu hakim Pengadian Negeri Jakarta Selatan, dua hakim Pengadilan Negeri Semarang, satu Panitera Perdata Muda Mahkamah Agung dan wakil ketua MKEK, serta studi kepustakaan yang dilakukan dengan mempelajari bahan hukum primer, sekunder dan tersier. Hasil dari penelitian ini dapat diketahui bahwa penggugat/pasien tidak mendapatkan pelindungan hukum saat melakukan penyelesaian perkara sengketa medis di pengadilan. Hal ini dikarenakan hakim salah dalam membuat pertimbangan. Pada perkara ini penggugat mengajukan gugatan langsung ke pengadilan agar bisa menyelesaikan perkara dugaan malpraktik operasi facelift. Akan tetapi gugatan penggugat pada perkara ini tidak dapat diterima. Menurut pertimbangan hakim sengketa medis antar dokter dan pasien itu seharusnya melalui MKEK terlebih dahulu. Pertimbangan ini berdasarkan SEMA Tahun 1982 (tanpa nomor) dan pendapat ahli, padahal jika menggunakan analogi MKEK diperlakukan sama dengan MKDKI, maka pengajuan gugatan sengketa medis tidak dipersyaratkan untuk diproses melalui MKEK terlebih dahulu. Kemudian yang menjadi salah satu penyebab tidak relevannya pertimbangan hakim pada putusan ini, yaitu karena SEMA yang menjadi landasan hakim dalam membuat putusan tidak ditemukan dimanapun, bahkan setelah di konfirmasi di Biro Hukum dan Humas Mahkamah Agung, selain itu juga sudah banyak peraturan perundang-undangan yang seharusnya dapat digunakan menjadi pertimbangan pada putusan ini seperti Undang-Undang No. 36 Tahun 2009, Undang-Undang No. 29 Tahun 2004, dan Undang-Undang No. 44 Tahun 2009. Kata kunci: Pelindungan hukum pasien, penyelesaian sengketa medis, putusan pengadilan, MKEK.