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the class action is a new dimention of the civil procedure in Indonesia has been provided just in Human Environmental act (UU No.23 tahun 1997) to settle environmental suit action where numerous persons or society are participated therein. Class action has not been provided et in the other legislation out side of human environmental act (UU No.23 tahun 1997). That fact has been taken as a consideration by judge of pengadilan negeri of south jakarta not to accept the class action suit procedure that bought by YLKI againts PLN as defendant in consumers suit action. that judgement may raise a question wether the judge could not accept that class action procedure by doing the "law making".That question could be answered by making an analysis to the possibility of accepting class action procedure in another suit action out side of environmental suit action, based on the "law making" methode.By making that analysis, it has given the result that , Theoritically the judge could accept class action procedure in another suit action out sde of environmental suit action by "law making" based on analogical methode, futurity interpretation methode or another methode that has been known in the "law making". The acceptence of class action procedure in another suit action out side of environmental suit action not only give a contribution for the law development, but also give protection for human interest. The law is reated ro protect human interest. |
