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juridical analysis of the implementation of proof in verstek decision on landdisputes in padang district court
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نویسنده
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faradita trysia ,mirwati yulia ,rembrandt
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 3 - صفحه:94 -104
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چکیده
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Land is part of the territory of a country that has a very important function. therefore, landdisputes often occur in communities which are finally resolved in the district court. the formulation ofthe problem in this paper was to see what evidence is used by the plaintiff in verstek decision and thejudges' considerations in applying proof in verstek decision. to answer this problem, the author utilizedthe normative juridical method. the results of the discussion showed that the evidence used by theplaintiff was included in the type of evidence as specified in article 164 hir jo. 284 rbg. as animportant point, the judge's consideration in applying proof in the verstek decision was to gainconfidence in the formal truth through the evidence presented by the plaintiff. furthermore, theapplication of this proof was a form of the application of the theory of justice and the theory ofexpediency. for future works, as an attempt to get the certainty, the supreme court as the highest judicialinstitution should make clear rules regarding civil cases in which the defendant is never present at thetrial, and whether the proof shall be done or not. it is also to avoid condusion of the plaintiffs whoundergo the trial process.
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کلیدواژه
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land ,dispute ,verstek ,verstek decision
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آدرس
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university of andalas, faculty of law, indonesia, university of andalas, faculty of law, indonesia, university of andalas, faculty of law, indonesia
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Authors
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