Renewal Model of Actio Popularis and Class Action Lawsuit in Indonesia Based on Prismatic Law

Authors

  • Bita Gadsia Spaltani
  • Adi Sulistyono
  • Albertus Sentot Sudarwanto

Keywords:

actio popularis, class action, prismatic law

Abstract

The purpose of this study is to examine the model of the joint renewal of popularis action lawsuits which are known in the common law and class action legal systems which have received legal protection in the form of Supreme Court Regulation no. 1 of 2002 concerning the Class Representation Lawsuit Procedure. The model combines the two types of lawsuits in order to realize legal justice based on the values of Pancasila or prismatic values, which is a breakthrough and legal reform. The approach method in this research is using a normative juridical method and a library approach. The data used in this research uses secondary data consisting of primary legal materials and secondary legal materials. The findings of this research are based on the doctrine of injuria sine damno, where citizens in an actio popularis lawsuit can ask the government to issue certain policies, they can also ask for compensation as in a class action lawsuit. The combination of the two forms of lawsuits can lead to the effectiveness of the community, especially justice seekers in realizing legal justice.

Downloads

Published

2022-11-21