Tinjauan Hukum Terhadap Pembuktian Dalam Perkara Pembagian Harta Bersama Berdasarkan Asas Audi Et Alteram Partem (Studi Kasus Putusan Perkara Nomor: 1089/Pdt.G/2017/PA.Pbr)

Purwanti, Desi (2019) Tinjauan Hukum Terhadap Pembuktian Dalam Perkara Pembagian Harta Bersama Berdasarkan Asas Audi Et Alteram Partem (Studi Kasus Putusan Perkara Nomor: 1089/Pdt.G/2017/PA.Pbr). Other thesis, Universitas Islam Riau.

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Abstract

The principle of the audi et al party gives equal position to the parties before the judge. This case has the consequence of the possibility of winning for the parties with equal opportunities. In the case of sharing property together there is still not enough sense of justice because the judges do not consider all joint assets between the plaintiff and the defendant. this was seen when the panel of judges did not consider jewelry that was not part of the joint agreement between the plaintiff and the defendant. As for the problems that the authors make is about proof in the case of sharing shared assets based on the principle of Audi et alteram partem on the case number: 1089 / PDT.G / 2017 / PA.PBR, and the judicial legal jurisdiction in deciding cases number: 1089 / PDT.G /2017/PA.PBR. The method of this research is normative legal research by studying documents (case studies), namely by studying case files number: 1089 / PDT.G / 2017 / PA.PBR. While the nature is descriptive, that is a description of proof in the case of sharing property together based on the principle of audi et alteram partem on case number: 1089 / PDT.G / 2017 / PA.PBR. the results of the study show that proof in the case of shared property based on the principle of audi et alteram partem is not appropriate because the discrepancy is seen when witness testimony is only given to the defendant who should also be given the same opportunity to provide information from other witnesses so that the judge gives an opportunity to the parties to prove that it is not working properly in matters concerning joint assets so that it also affects not all the assets acquired during marriage become joint assets, and legal judges' judgments in deciding cases number: 1089 / PDT.G / 2017 / PA. PBR is to proof, witness evidence and the claim of the plaintiff and defendant so that the joint assets acquired during the marriage are divided into two parts, among others, a plot of land, a unit of Daihatsu Xenia, a unit of Daihatsu Ayla, but not all ta together are divided into 4 gold bracelets.

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