Application Of Plurium Litis Consortium As A Basis For Declare That The Lawsuit In The Land Tenure Dispute Is Inaccepted (Lubuk Pakam District Court Decision Number 8/Pdt.G/2024/PN Lbp)

Abstract

The Lubuk Pakam District Court Decision No. 8/Pdt.G/2024/PN Lbp highlights the doctrine of plurium litis consortium (lawsuit lacking necessary parties) in land disputes. The lawsuit, alleging an unlawful act over a 40-hectare Land Use Rights (Hak Guna Usaha) area in Deli Serdang, North Sumatra, was declared inadmissible (Niet Ontvankelijke Verklaard / NO) due to incomplete parties. Because the case arose outside Java and Madura, the applicable procedural law is the Rechtsreglement voor de Buitengewesten (RBg). Since Articles 142–145 RBg do not explicitly regulate party completeness, the doctrine developed through jurisprudence. The procedural defect was uncovered across three detection points: the lawsuit statement, response and exceptions, and an on-site inspection (desente, Article 180 RBg). The inspection revealed 20 to 33 un-sued households occupying the land alongside the four named Defendants. Although desente is not formal evidence under Article 284 RBg, judges may evaluate its factual findings. Although the Defendants did not raise a plurium litis consortium exception and their other exceptions were dismissed (Article 162 RBg), the Panel of Judges evaluated party completeness ex officio under Article 189 paragraph (1) RBg. Consequently, the court dismissed the lawsuit on formal grounds without assessing the HGU certificate's validity and assigned court costs to the Plaintiff (Article 192 paragraph (1) RBg). Plaintiffs must map all physical land occupants before suing (Article 283 RBg) to respect persona standi in judicio, audi et alteram partem, and speedy, inexpensive justice. District Court Heads should utilize early advisory powers (Article 143 RBg) to catch party defects promptly.