Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah
Vol 4 No 1 (2018): VERITAS

PERBANDINGAN SISTEM PEMBUKTIAN DALAM PENYELESIAN SENGKETA DI LEMBAGA PERADILAN

Heru Widodo (Unknown)



Article Info

Publish Date
12 Mar 2018

Abstract

proof is the process of discovering the truth of a legal relationship and theexistence of a concrete legal event has actually taken place. The judge as the mainexecutor of the judiciary to uphold law and justice in addition to basing on theprovisions of material law which is the basis of dispute, is also bound to implementthe provisions of formal law which is also substantive, so it is obliged to conductinvestigation on the evidences presented by the parties. The process ofinvestigating the evidence that strengthens the arguments or arguments of the law,something that can convince the truth of a proposition or establishment. While theevidence is anything that the law can use to prove it. The evidence that can be usedin proof depends on the system of evidence held by both the legal system and thelegal system it embraces. Thus, the proofing process as a decisive essential processfor the justice seekers fulfilled their legal interests and for judges is to find, enforceand apply the law justly to the justice seeker's justice. Implementing the correctproof process according to material law and formal law will help the judge toformulate a legal opinion or legal consideration (ratio desidendi) to determine theattitude or legal standing to decide or sentence a case.

Copyrights © 2018






Journal Info

Abbrev

veritas

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

VERITAS Journal of Law Studies (ISSN: 2407-2494) (E-ISSN: 2655-979X)is a national journal that is published by the Postgraduate of Law Study Program, Faculty of Law, As-Syafiiyah Islamic University, Indonesia. Published twice a year (March and September). Each issue number (issue) amounts to a ...