Akses: Jurnal Penelitian dan Pengabdian Kepada Masyarakat Universitas Ngurah Rai
Vol 12 No 2 (2020): Jurnal Akses

EKSISTENSI TEORI PEMBUKTIAN POSITIEF WETTELIJK BEWIJSTHEORIE DALAM PEMBUKTIAN PERKARA PERDATA

Ni Putu Riyani Kartika Sari (Fakultas Hukum Universitas Ngurah Rai)
Ni Luh Putu Geney Sri Kusuma Dewi (Universitas Ngurah Rai)



Article Info

Publish Date
15 Dec 2020

Abstract

The procedure for examining civil cases, especially relating to the examination of a lawsuit in a court, consists of several stages after the lawsuit has been registered and both parties are appropriately called to attend the court session. The procedure started by: mediation in court based on the regulation on Perma No. 1 of 2016 about Mediation in the Court; if the mediation is unsuccessful, the case is continued untill judges provides the verdict to solve the case. Regarding the decision of a judge in a case especially in a civil case, the procedure of proof take a very important role in determining whether the claim will be rejected or granted. The parties who get burden of proof is charged to those who postulate or known as the principle of Actori incumbit probatio. If in the process of proving that the plaintiff has succeeded in proving the argument of the claim by being reinforced by evidence, the claim is granted, whereas if the arguments in the claim are not proven then the claim will be rejected. For this reason the process of proof is very important in the process of examining civil cases because basically in a civil case the Positief wettelijk bewijstheorie theory is where the judge is bound by evidence according to the law. So that this results in the judge making his decision bound to the evidence presented by the parties, if the evidence justifies or negates the arguments in the lawsuit, the judge drops the decision as a proven fact in the process of proof. The judge in making a decision according to the Positief Wettelijk Bewijstheorie does not require the judge's belief in making a decision

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Journal Info

Abbrev

akses

Publisher

Subject

Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal yang diterbitkan oleh Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Ngurah Rai, Denpasar, dan merupakan jurnal ilmiah multi disiplin. Tulisan yang masuk ke Redaksi akan diseleksi dan melalui tahap review mitra bestari (double blind review by peer group system) sebagai ...