Authentic Deeds as Evidence in Civil Cases
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 02
Abstract
Deeds in law have a very important function and role in proving to resolve legal problems, especially authentic deeds. Authentic deeds in resolving civil cases are very important for determining rights and obligations when a dispute arises from a civil legal relationship. In social life there is always a gap between practice and theory, especially regarding the rights and obligations of the parties. The existing problems are: 1. how to apply Authentic Deed Evidence in civil cases in court, 2. what is the judge's consideration (legal reasoning) in assessing authentic deeds which are argued to have dwaling (mistake), fraud (bedrog) or coercion (dwang) . Based on the analysis of normative juridical research, it will be clear that: First, the application of authentic deed evidence in civil cases in court is based on statutory regulations as stated in statutory regulations, namely Article 1866 of the Civil Code and Article 164 HIR, which consists of: a .documentary evidence, b. witness evidence, c. allegation, d. confession, and oath. Second, that the judge's consideration (legal reasoning) in assessing an authentic deed which is postulated to be dwaling (mistake), fraud (bedrog) or coercion (dwang) is and is based on the existence of general facts and specific facts in making a decision and is based on the judge's confidence in determining The quality of the decision is based on Article 1865 of the Civil Code, Article 163 HIR. According to this system, evidence must focus on the main arguments relating to rights or facts, as long as they are denied by the opposing party.
Authors and Affiliations
Dwi Tatak Subagiyo, Indah Herlina, Aura Jelita, Pratama Alifiandi Martio, Ahmad Setiawan
Keywords
Related Articles
- EP ID EP730786
- DOI 10.47191/ijsshr/v7-i02-25
- Views 18
- Downloads 0
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