The Implementation of the Principle of Seeking Material Truth in Civil Procedure Law in Indonesia

Lengkong, Lonna Yohanes (2019) The Implementation of the Principle of Seeking Material Truth in Civil Procedure Law in Indonesia. International Journal of Innovation, Creativity and Change (IJICC), 10 (3). pp. 331-349. ISSN 2201 1323

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Abstract

Civil Procedure Law is based on Het Herziene Inlandsch Reglement (HIR) in civil trial court implementing the principle of seeking formal principle (formeel waarheid) as a civil law procedure. Judges only implement seeking formal truth through evidence filed by parties in trials, where no conviction is required. In practice, judges exist who not only implement the seeking of formal truth, but also implement the seeking of material truth in examining a civil case in a court as a verdict. Does the Seeking of Material Truth Principle in civil procedure law not violate the civil procedure law, where judges in civil cases are passive rather than active as in criminal cases? Is the implementation of this principle beneficial for parties who seek justice for their case in a court trial? In the practice of civil litigations, do judges need to implement the Seeking of Truth Material (Materiele waarheid) regarding the proof of civil litigation, as mandatory to seeking formal truth (formeel waarheid). It is necessary to seek justice for parties with impartiality and uphold the truth in examining a civil case in a court to be a verdict. Key words: Principle of Material Truth, Law of Proof of Civil Litigation, Civil Procedure Law

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