Effectiveness of Field Training in Complete Dispute Settlement

Febrianto, Surizki and Admiral, Admiral and Prasja, Teguh Rama (2020) Effectiveness of Field Training in Complete Dispute Settlement. Effectiveness of Field Training in Complete Dispute Settlement, 10 (2). pp. 104-118. ISSN 2201 - 1323

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Abstract

This research, entitled "Effect iveness of Field Court Implementation in the Settlement of Civil Disputes", is motivated by the many disputes, specifically about land, which concern immovable objects. The ruling of a local examination (descente), the examination of a case by a judge, is carried out outside the place of court, so the judge himself must receive informat ion that provides certainty about the events in dispute. In court practice, the supporting elements of the Local Examinat ion, as a form of Article 153 HIR or 180 RBg, are the Panel of Judges, who will examine and process the object of the case; the Registrar, who takes the minutes about the local inspection and its result s; the acting parties, including those who are equivalent to the land; the guardian of the nagari or the representative of the object of the local examinat ion; the National Land Agency; and the security apparatus. In proving the civil procedural law, besides the five evidences, there are also two other evidentiary systems. Local Examination (descente/plaatselijke opneming en onderzoek, site visit investigation) and Expert Information (expertise). Although, based on Article 164 HIR, 284 R.Bg. or Article 1866 of the Civil Code, these two institutions do not include evidence and are instead based on various arguments which will be raised later, both of them have significant aspects. This study is devoted to invest igat ing the effectiveness of Local Examinations. Among them are, first, the certainty of size, boundaries, and objects; second, the confiscation stage; third, the execution or auction event; and fourth, the sociopsychic aspects of society. Sometimes, over time, the object of the dispute changes, either due to natural factors or social factors. Abrasion, the emergence of deltas, and exposure to tides are all examples of natural factors. Social factors include development, eviction, diversion, and so on. Confiscation, without neglecting other aspects, is easy to carry out when the confiscated object has a clear location, size, and boundary. Confiscation without a Local Inspection can lead to the possibility of the objects of confiscation not being found or confiscation not being able to be carried out. As a result, the principle of fast proceedings is simple, and the low cost cannot be enforced.

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