JUDGES' UNDERSTANDING OF OATH OF TERMINATION AS A TOOL OF EVIDENCE IN CIVIL PROCEDURE LAW
Abstrak
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.
Referensi
Abdul Manan, 2005, Application of Civil Procedure Law in the Religious Courts, Predana Media, Jakarta,
Ali, Achmad & Wiwie Heryani, Legal Principles of Civil Evidence, 2004, Print II, Predana Media, Surabaya
Elizabeth, N, 2015, Law of Proving Analysis of the Independence of Judges as Law Enforcers in the Proof Process, CV Nuansa Aulia, Medan,
Fathul Achmadi Abby, 2019, Street Court in the Dimension of Criminal Policy, Jala Permata Aksara, Jakarta
H. Salim HS, 2019, Introduction to Legal Science, Rajawali Press, East Java.,
Handri Raharjo, 2016, Indonesian Legal System, Yustisia Library, Yogyakarta,
M Yahya Harahap, 2017, Indonesian Civil Procedure Code, Sinar Graphic, Jakarta, Martiman Prodjohamidjojo, Commentary on the Criminal Procedure Code (KUHP), 1982
Sudikno Mertokusumo, 2019, Civil Procedure Law and its Development in Indonesia, Yogyakarta, Gama Media,
Retnowulan Sutantio and Iskandar Oeripkartawinata, 2019, Civil Procedure Law in Theory and Practice, Bandung, Mandar Maju.
M Yahya Harahap, 2017, Indonesian Civil Procedure Code, Sinar Graphic, Jakarta
Sudikno Mertokusumo, 2019, Indonesian Civil Procedure Code. First Printing, Seventh Edition. Yogyakarta, Liberty
Pudja, G and Tjokorda Rai Sudharta, Manavadharmasastra (Manu Dharmasastra) or Veda Smrti; Hindu Law Compendium. 2004, Surabaya, Pradnya Paramita
Subekti, R and R. Tjitrosudibio, Civil Code: Burgerlijk Wetboek; Thirty-fifth Printing. 1992, PT. Pradnya Paramita, Jakarta
Yahya Harahap, 2005, Civil Procedure Law, Sinar Graphic, Jakarta
Sudikno Mertokusumo, 2009, Indonesian Civil Procedure Code, Liberty, Yogyakarta
Sudikno Mertokusumo, and Pitlo A, 1993, Chapters on Legal Findings, Citra Aditya Bakti, Jakarta
Sudikno, M, 2002, Indonesian Civil Procedure Code, Liberty, Yogyakarta
Syaiful, B, 2018, Legal Dynamics of Proof in Attaining Justice, Rajawali Press, Jakarta.
