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Casation in Civil Procedure Law is Reviewed from a Legal Logic Perspective

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  • Nia Noviyani

    (Semarang State University, Building K, UNNES Sekaran Campus, Gunungpati, Semarang City, Central Java, Indonesia)

  • Indah Nadya Kalalo

    (Semarang State University, Building K, UNNES Sekaran Campus, Gunungpati, Semarang City, Central Java, Indonesia)

Abstract

Cassation is the final legal remedy submitted by a party who feels aggrieved by the decision of the court of first instance or appeal to be re-examined by the Supreme Court. This research aims to determine the effectiveness of the application of cassation in correcting legal errors that occur as a result of ignoring legal facts at the appeal level, as well as a comparison between cassation and judicial review in dealing with discrepancies between legal facts and the application of legal rules. This research uses normative juridical methods with a qualitative analysis approach to court decisions, legal literature and applicable laws and regulations. The research results show that cassation has an important role in ensuring the consistency of legal policy, but its effectiveness is greatly influenced by the quality of the cassation petition, the judge’s ability, and the caseload at the Supreme Court. On the other hand, judicial review (PK) offers a wider scope in measuring misjudgments of legal facts by considering new evidence or obvious judge errors.

Suggested Citation

  • Nia Noviyani & Indah Nadya Kalalo, 2024. "Casation in Civil Procedure Law is Reviewed from a Legal Logic Perspective," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 8(9), pages 1498-1502, September.
    • Handle: RePEc:bcp:journl:v:8:y:2024:i:9:p:1498-1502
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