In the last few years, the Indonesian Air Force Legal Department (“Diskumau”) has noted an increase of disputes over the status of ownership and/or control of Indonesian Air Force assets involving third parties in court proceedings. Therefore, Diskumau sees their need for comprehensive understanding and mastery the Verzet Lawsuit (Resistance from the Defendant to the Decision of Verstek) and Derden Verzet (Resistance from third parties who are not involved in the case, but are also harmed by the Decision). These legal instruments are vital tools for dispute resolution in court aimed at protecting the interests of the State and the Indonesian Air Force.

To address this issue, First Air Marshal (Marsma) Agus Pramono S.H. LL.M., Ph.D., as the Head of Diskumau invited Hasrina Dwi Puspasari, S.H., M.H., as a Senior Lawyer from PRO Alliance Law Firm, to conduct a Legal Training related to the Verzet or Derden Verzet Lawsuits, with the theme “Technical Drafting of Verzet and Derden Verzet Lawsuits in Civil Disputes”.

The legal training was carried out in a hybrid manner, at the Indonesian Air Force Headquarters (Mabes TNI AU), with the Air Force Officers participating both onsite and virtually (via Zoom) from across Indonesia.

As an opener, Hasrina delivered material on civil litigation procedures in connection with the first step to submitting Verzet and Derden Verzet Lawsuits through the presentation of a number of cases that have been handled by the PRO Alliance Law Office. Diskumau then shared information and factual cases related to the Verzet and Derden Verzet Lawsuit cases that have been/are ongoing and involve the Indonesian Air Force.

In particular, Hasrina and Diskumau are of the opinion that the main cause of the increasing need for Verzet and/or Derden Verzet Lawsuits by the Indonesian Air Force against default decision (verstek) is the non-receipt of in-person court summons due to the inclusion of addresses that are not in accordance with the provisions of the Burgerlijk Wetboek/Civil Code. Additionally, the need for Derden Verzet arises from the numerous court decisions that directly impact the interests of the Indonesian Air Force, including, but not limited to, assets owned by TNI AU, even though the TNI AU was neither involved nor named as a party in those cases.

Therefore, an appropriate strategy is needed in preparing a Verzet and Derden Verzet Lawsuits so that the counterclaim can be accepted by the court and can protect the interests of the Indonesian Air Force both substantively and administratively.

In this training, Hasrina conveyed the main strategy in preparing the Verzet Lawsuit, in essence as follows:

• Ensure that the formalities of the objection are met, especially the deadline for filing an objection according to the provisions of the HIR and ensure that the opponent (TNI AU) can be qualified as the correct party and in good faith.
• Ensure that the absence of the opponent in the previous court can be legally proven, not due to deliberate actions that can be considered to waive the right to defend themselves (such as ignoring the court summons and copies of the lawsuit not arriving, being sent to the wrong address, or being received by an unauthorized party).
• Techniques for compiling arguments that the main lawsuit filed by the plaintiff was carried out in bad faith, such as hiding the identity or legal status of other parties who should also be summoned (in this case the state or TNI AU).
• Use a systematic and clear approach in compiling arguments for the objection, so that the panel of judges can easily understand the position of the TNI AU as the opponent and increase the judge’s confidence in granting the objection.

Meanwhile, Derden Verzet, in essence as follows:

• Ensure that the formalities of resistance are met, as long as it can be proven that the opponent has an interest and has been harmed by his rights.
• Ensure that the opponent is not a party to the original case.
• Ensure that there is a determination that places a seizure on the opponent’s personal property as an object of collateral seizure or execution seizure.
• Ensure that the opponent (in this case the state or the Indonesian Air Force) can be qualified as a party that is correct and has good intentions.

Furthermore, in the interactive Q&A session, Mayor Kum Medianto Budi Utomo, S.H., and Mayor Kum Jati, S.H., raised questions about the criteria for good and correct/good-faith opponents. Responding to the question, Hasrina emphasized that opponents are considered/categorized as good and correct/good-faith opponents, as long as it can be proven that the formalities of filing an objection, including the deadline and reasons, are valid according to the provisions of the Herziene Indonesisch Reglement (HIR).

Through this training activity, Indonesian Air Force officers are expected to gain an understanding of how to draft, develop and file a Verzet and Derden Verzet Lawsuit. They are also encouraged to apply appropriate legal strategies in formulating such objections.

PRO Alliance would like to express its highest gratitude and appreciation to the Indonesian Air Force for giving us the opportunity to contribute to the Legal Training held by the Indonesian Air Force and hopes to continue to support the improvement of knowledge and understanding in the legal field as needed in accordance with the challenges of the problems/issues faced by the Indonesian Air Force.