Abstract
Forum rei sitae is an embodiment of the jurisdiction in rem, that is the
state control over fixed objects or immovable property which is located
in the state’s territory. It has became a habit and jurisprudence in
Indonesia that the lawsuit based on tort concerning a dispute over fixed
objects, such as land and buildings, submitted to the court whose
jurisdiction covers the location of immovable property, based on forum
rei sitae as stipulated in Article 118 paragraph (3) Het Herziene
Inlandsh Reglement (HIR). However, the truth of that customs and
jurisprudence is still questionable. For this reason, this paper seeks
to elaborate on whether the forum rei sitae may be applied in a lawsuit
based on tort, using statute approach, conceptual approach and take some
decision of the judiciary from Indonesian and foreign to strengthen
the argument of this paper. Lawsuit based on tort is lead to
jurisdiction in personam, while forum rei sitae used in jurisdiction in
rem; therefore, the application of forum rei sitae in lawsuit based on
tort cannot be justified.
 |
| Kompetensi Relatif |
