Juridical Analysis of the Implementation of Proof in Verstek Decision on Land Disputes in Padang District Court

Abstract

Land is part of the territory of a country that has a very important function. Therefore, land disputes often occur in communities which are finally resolved in the District Court. The formulation of the problem in this paper was to see what evidence is used by the Plaintiff in Verstek Decision and the judges' considerations in applying proof in Verstek Decision. To answer this problem, the author utilized the normative juridical method. The results of the discussion showed that the evidence used by the Plaintiff was included in the type of evidence as specified in Article 164 HIR jo. 284 RBg. As an important point, the judge's consideration in applying proof in the Verstek Decision was to gain confidence in the formal truth through the evidence presented by the Plaintiff. Furthermore, the application of this proof was a form of the application of the theory of justice and the theory of expediency. For future works, as an attempt to get the certainty, the Supreme Court as the highest judicial institution should make clear rules regarding civil cases in which the defendant is never present at the trial, and whether the proof shall be done or not. It is also to avoid condusion of the plaintiffs who undergo the trial process.