Meanwhile, a class action is an opportunity for a class that has an interest in an issue, regardless of whether one or more members act as plaintiffs or the defendant as class representatives, without having to participate in each class. Almost the same case filed by Khairul Anwar, et al., v., BPN Deli Serdang Regency, et al., before the Medan State Administrative Court in 2000 No.18/G/2000/PTUN.Mdn., was also heard as an ordinary action before the Medan State Administrative Court, did not apply any legal principles contained in a class action. The differences between a class action and a principal locus standi include: In the meantime, the locus standi definition is the procedure for bringing a civil action brought by one or more organizations that are eligible for an act or decision of a person, agency or government that has caused harm to society. Standing tu Sue, Ius Standi, Locus Standi can be interpreted as the right of a person, group of persons or organization to appear in court as a plaintiff in civil proceedings, simplified as a « right to bring an action ». Traditionally, the right of action is based solely on the principle of « no action without legal interest ». The legal interest referred to here is a protected interest or a material interest in the form of losses directly suffered (actual damage). The fundamental difference between the two types of recourse can be seen on the plaintiff`s side, with the class action covering all class members, while the plaintiff does not legally include all members. Az. Nasution provides the definition and requirements of class actions that can be heard by the court if: Before discussing the legal basis for standing, it is good for us to know the various legal considerations that form the basis of Walhi`s recognition of standing in Walhi v. Inti Indorayon Utama (IIU) and Walhi v.
President of the Republic of Indonesia. Legal capacity or also known as ius standi (rights of organizational action) is a person, organization or group that acts as a party to the plaintiff in court. In simple terms, locus standi means the right of a person, entity or group of persons to become plaintiffs in civil proceedings before a court. KOMPAS.com – Class actions are often equated with organizational or legal rights. The main difference between class actions and standing includes: in class actions. (1) all Class Members (Class Representatives and Class Representatives) suffer or directly suffer a loss, (2) the claim may: In the meantime, the plaintiff in the class action is an individual or community group, the defendant being a government, corporation, legal entity or individual with claims for damages and remedies. Class actions in Indonesia are one of the best ways to avoid repeated judgments. I hope it will be helpful to you. The reasons why the Court accepted and justified the NGOs` right of action in this case are as follows: In addition, Erman Rajagukguk et al.
stated that the involvement of the court in a class action is very important, that any representative who comes to court must obtain the approval of the court, taking into account the following: a.class Actions are the best course of action to sue. b. have the same type of requirements in common. c. there are many applicants, and d. Representatives are feasible/reasonable Since they are new to the concept of class actions, there are still many lawyers who give the definition of a class action equal to or equal to the definition of standing (ius standi) with respect to the definition of a class action (class action) as opposed to the definition of an organizational remedy (standing). In the development of the history of legal protection in Indonesia, legal protection through collective redress and ius standi is hotly debated both in academies and among legal advisers, non-governmental organizations and the judiciary itself. The opinion that gives the right to sue a non-governmental organization/organization (legal authority) deviates from the theory proposed by Professor Christoper Stone, which grants rights to natural objects such as forests, seas, rivers, mountains as natural objects that deserve legal rights, and it is not wise to consider anything else because their indigenous nature (not being able to speak) does not receive legal rights. The legal interest in the organization`s right of action relates to the ownership or appearance of losses suffered directly by the plaintiff. In principle, the rules on standing have been transposed in substance into national law.
However, procedural law, which functions as a formal law defending this substantive right, has not been regulated by the State. Essentially, a class action is a way for someone with the same interests or issues to band together to file claims in order to be more effective and efficient. The issue of the right to sue the organization or standing is contained in a number of laws. In substance, national law has regulated collective actions and standing, but procedural law, called substantive law, has not been regulated. In order to provide a common form and steps to be adopted for the initiation and settlement of a collective redress, it should be governed by a procedural regime as the framework for the collective redress procedure and the right to organisational action (locus standi). The plaintiff may be a corporation or a non-profit organization (NGO or NGO), where the defendant is a government, corporation, corporation, and individual with a recovery claim. In a class action, if a claim for damages is allowed, the judge must decide in detail the amount of damages, the determination of the group and/or subgroup entitled to do so, the mechanism for distributing damages, and the steps that the class representative must follow in the determination and distribution process, and the obligation to make a notice or communication.