The Strength Proof Judgment in the Case Sue for Divorce in the Religious Court Klaten
DOI:
https://doi.org/10.56070/ibmaj.icals.2024.009Keywords:
Allegation, Power of Proof of Allegation, DivorceAbstract
A guess is an inference drawn by a law or judge from an event
that can be observed to an event that cannot be generally
observed. The issue discussed is the validity of presumptive
evidence as a result of testimony in divorce cases. Evidence that
supports allegations is regulated in Article 173 HIR, Article 310
Rbg, and Article 1915 of the Civil Code. This research is a
descriptive normative legal study. The data used is secondary
data consisting of primary legal materials and secondary legal
materials. The data collection method used was document and
reading material analysis, the research tool was identified as
Decision number 0556/Pdt.G/2024/PA.Klt, the analysis
method used was deductive syllogism. The strength of evidence
in a statutory accusation is absolute, binding and decisive,
while the strength of evidence in a judge's accusation is
independent evidence. In giving a decision in a divorce case, the
judge takes into account presumptive evidence based on
testimony presented by the Plaintiff. The judge agreed to the
plaintiff's request to divorce their marriage.
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