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VOL. 10, ISSUE 2 (2024)
Judicial responsiveness in the search for material truth regarding the proof of sale and purchase deed
Authors
Arief Wicaksono, Pujiyono Suwandi, Noor Saptanti
Abstract
This study discusses judicial responsiveness in the search for material
truth regarding the proof of sale and purchase deeds. Judicial responsiveness
is an attitude that prioritizes the sensitivity and response of judges to
various evidence presented in court. The aim of this research is to analyze the
extent to which judges adopt a responsive attitude in evaluating the proof of
sale and purchase deeds to achieve material truth. The research method used is
normative legal research with a legislative and theoretical concept approach.
Data were obtained through literature study by collecting information from various
relevant primary and secondary sources. The results show that judicial
responsiveness plays an important role in efforts to achieve material truth in
the proof of sale and purchase deeds. Judges need to be able to critically and
objectively respond to the evidence presented and use relevant legal principles
to make fair and just decisions. The conclusion of this study is that the
tendency of judges in resolving civil disputes tends to use legal positivism
rather than responsive law because fundamentally judges prioritize the
principle of legal certainty over the principles of justice and utility. This
is evident from the legal considerations in decisions on land sale and purchase
disputes, where judges apply Article 165 of the HIR/285 RBg as it is, without
critically considering the documentary evidence presented in court, using the
paradigm of seeking formal truth and disregarding the paradigm of seeking
material truth.
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Pages:89-91
How to cite this article:
Arief Wicaksono, Pujiyono Suwandi, Noor Saptanti "Judicial responsiveness in the search for material truth regarding the proof of sale and purchase deed". International Journal of Law, Vol 10, Issue 2, 2024, Pages 89-91
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