Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

UPAYA MENCARI KEBENARAN MATERIIL DALAM HUKUM ACARA PERDATA

Lubis, Fauziah (Unknown)
Sinambela, Naura Fitri Zaskia (Unknown)
Syahputri, Ardita (Unknown)
Meha, Mellisa (Unknown)
Syahputri, Tri (Unknown)
Lubis, Fahrul Ramadhan (Unknown)



Article Info

Publish Date
18 Jun 2025

Abstract

This study aims to examine the application of the principle of material truth in civil procedural law in Indonesia and compare it with the concept of formal truth that has been dominant so far. The problems raised in this study are: how is the application of the principle of material truth in civil procedural law in Indonesia, and what is the difference between material truth and formal truth in civil procedural law. The background of this study is based on the fact that the Indonesian civil procedural law system, which historically adheres to an adversarial system and emphasizes formal truth, in practice allows judges to actively explore substantive truth in order to achieve justice. This study uses a normative juridical method with a statutory and conceptual approach. Data obtained from primary and secondary legal materials were analyzed descriptively qualitatively. The results of the study show that although Indonesian civil procedural law emphasizes formal evidence, in practice there is a tendency to apply the principle of material truth, especially in cases concerning the public interest or inequality between the parties. Thus, the principle of material truth has important relevance in realizing substantive justice in resolving civil disputes.

Copyrights © 2025






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...