Res judicata (Latin: "a matter judged") is the principle that once a competent court has given a final judgment on the merits, the same parties may not bring the same claim, founded on the same cause of action, before the courts again. The judgment is treated as conclusive truth between them.
Purpose
The doctrine serves two public interests. The first is finality: litigation must come to an end, and a party who has had a fair opportunity to argue a case should not be harassed by repeated proceedings. The second is consistency: the authority of the courts would be undermined if the same dispute could produce contradictory judgments.
Elements
Most legal systems require three identities before the bar applies: the same parties (or their successors in title), the same subject matter, and the same cause of action. The earlier decision must also be final, meaning that no ordinary appeal remains available.
In Indonesian Law
Article 1917 of the Indonesian Civil Code gives a final judgment binding force (gezag van gewijsde) where the claim concerns the same object, rests on the same grounds and is brought between the same parties in the same capacity. Courts will declare a repeated claim ne bis in idem and refuse to hear it.
Related Concepts
Res judicata is closely related to issue estoppel in common law systems, which prevents a party from re-arguing a particular issue already decided, and to the criminal law protection against double jeopardy (ne bis in idem).