ANALISIS BUKTI PENGAKUAN SEBAGAI DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN (Studi Putusan Pengadilan Negeri Malang Nomor 198/ Pdt.G/ 2015/PN.Mlg)
| Main Author: | Putri, Choirunna Cahyaning |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/39566/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/39566/2/BAB%201.pdf http://eprints.umm.ac.id/39566/3/BAB%202.pdf http://eprints.umm.ac.id/39566/4/BAB%203.pdf http://eprints.umm.ac.id/39566/5/BAB%204.pdf http://eprints.umm.ac.id/39566/6/Lampiran.pdf http://eprints.umm.ac.id/39566/ |
Daftar Isi:
- Recognition proofs are set in Article 174-176 HIR/311-313 RBg and Article 1923-1928 Code of Civil Law. In the judge’s verdict of the District Court of Malang Number 198/ Pdt.G/ 2015/ PN.Mlg in their legal considerations the judge applies pure proof evidence as provided in Article 174 HIR. This research is taking How the Application of Recognition Evidence in Judge’s Consideration as The Basis for Deciding The Verdict in District Court of Malang in case number 198/Pdt.G/2015/PN.Mlg and How is The Judge Consideration in The Verdict at District Court of Malang Number 198/Pdt.G/2015/PN.Mlg reviewed from the principle of legal certainty and justice as the formulation of the problem. This research using normative legal research approach through the primary material of law which is constitution and secondary material which is book, journal, magazine, related research and doctrine. Result of the research says that according to the juridically analysis to the confession as the effort of proofing the application of judge’s basis consideration is less appropriate/not proper, because the covenant confession that should be applied as arranged in Article 176 HIR so that attached the principle of onsplitsbaar aveau and cannot served as the basis for closing the case, so further verification is needed. The improper application of the law causing the uncertainly law for the consistent and clear rules that not applied by the judge. The judge must try to find the truth about the process of buying and selling with the supporting evidence. So that the judge must be more careful in checking, judging, and deciding in order to applying their law and refer the opinion of the expert so they have more knowledge of the recognition evidence as the basis of judgement.