Justitia et Pax
Vol 35, No 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019

PERKEMBANGAN PEMBUKTIAN PADA PUTUSAN VERSTEK: STUDI KASUS DI PENGADILAN NEGERI SLEMAN DAN KOTA YOGYAKARTA

Sundari, Elisabeth (Unknown)
Widiastiani, Nindry Sulistya (Unknown)



Article Info

Publish Date
30 Dec 2019

Abstract

Article 25 of HIR provides that in case the defendant does not appear at court process (verstek), the claim will be accepted unless it is unreasonable and against the rights. In the beginning, that article was interpreted that in case the defendant doesn’t  appear at court process (verstek), the plaintiff shall not obeyed to proof his claim. How is the development of that previous interpretation? Normative legal research has been conducted to redress that issue. The data were collected from secondary data resources from Sleman and Yogyakarta District Court decisions concerning the burden of proof  in verstek recently,  and being  analized  qualitatively. The research result shows that there is a development in  interpretating Article 125 HIR, where the judges burdened the plaintiff to proof his claim. That interpretation development supports the strive to get the truth beyond reasonable doubt, to meet a fair decision,  as good as to avoid fraud claim, and haphazard decision.

Copyrights © 2019






Journal Info

Abbrev

justitiaetpax

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in ...