JUDGES' UNDERSTANDING OF OATH OF TERMINATION AS A TOOL OF EVIDENCE IN CIVIL PROCEDURE LAW
Abstract
In the process of examining civil cases, one of the judge's duties is to investigate whether a legal relationship that forms the basis of a lawsuit really exists or not. It is this legal relationship that must be proven, if the plaintiff fails to prove the arguments on which the lawsuit is based, then the lawsuit will be rejected, whereas if it is successful, the lawsuit will be granted. The problem in this research is when to use the decisoir oath.
This study uses empirical legal research, namely empirical methods by conducting field research with interview techniques to obtain data that is expected to broaden the author's insight into civil law, especially regarding the importance of using a decisoir oath.
The use of the Termination Oath as a Evidence Tool in Civil Procedure Law In the Indonesian Civil Procedure Code system, the Termination Oath is valid according to law as an oath that has fulfilled the requirements mandated by the Civil Procedure Code and other provisions governing legal issues in the civil field that apply in Indonesia. and the judge's understanding of the breaking oath as a means of evidence in civil procedural law, this understanding then gave birth to a different interpretation of the provisions of Article 156 HIR/183 RBG which regulates the breaking oath. The last is the cultural factor (culture) of the litigants, who are accustomed to oaths as an alternative in resolving problems that arise between them.
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