Searching for Material Truth in Civil Trials Based on Civil Procedure Law in Indonesia

Jayadi, Hendri (2021) Searching for Material Truth in Civil Trials Based on Civil Procedure Law in Indonesia. International Journal of Law and Politics Studies, 3 (2). pp. 65-69. ISSN 2709-0914

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Abstract

Civil procedural law is a formal part of civil law. Its primary purpose is to defend or enforce civil law through courts when the civil law is violated or disputes arise. In deciding a case, a judge can seek formal truth (formele waarheid) or material truth (materielle waarheid). Material truth is truth. This research aims to discover the material truth in civil trials based on civil procedural law in Indonesia. This normative legal research was conducted by collecting literature-based secondary data. Primary legal sources, including books, decisions, and documents, generate secondary data. Secondary legal sources include the Civil Code and research journals from previous studies. "Evidence used in civil procedural cases is regulated in Article 164 HIR, which consists of Documentary evidence, regulated in Articles 165 to 167, 138 HIR; Witness evidence is regulated in Articles 139 to 152 HIR; Probationary evidence is regulated in Article 173 HIR; Proof of recognition is regulated in Articles 174 to 176 HIR; Proof of oath: regulated in Articles 155, 156,177 HIR". The study results show that the law of evidence from the point of view of civil procedural law Based on Indonesian civil procedural law, there is a section of civil examination in the district court called "evidence". The theory of Civil Procedure Law is one of the ideas about evidence that judges can use to assist them in seeing and deciding a case. This theory says that the burden of proof must be divided according to the "auditu et al. teram partem" principle. This is also called the principle of the equal procedural position of the parties before the judge. Judges must decide who should prove their case based on how similar the two sides are. The principle that both parties are in the same place in the process means that both parties have an equal chance of winning. So, the judge must provide evidence to the parties fairly or correctly. The types of evidence accepted by civil procedural law are documentary evidence, witness evidence, presumptions, confessions, and oaths. | KEYWORDS Material, Truth, Procedural, Law, Civil Law

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