Pertimbangan Hakim Dalam Perkara Perdata Atas Penilaian Bukti Hukum Di Pengadilan

Pratama, Aldita Putra Bayu (2021) Pertimbangan Hakim Dalam Perkara Perdata Atas Penilaian Bukti Hukum Di Pengadilan. Masters thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The research background of this thesis discusses judges' considerations in civil cases on judging legal evidence in court. However, in practice, the sanctions outlined in the judge's decision are only imprisonment without paying attention to the material losses suffered by the victim, so that the current sanctions have not provided justice for the victim. The problem that arises and will be discussed in this thesis research is the judge's consideration of judging legal evidence in civil cases related to Article 5 Paragraph (1) of Law No.48 of 2009 concerning Judicial Powers and the legal consequences resulting from judges' decisions in court which are detrimental to rights. plaintiff. The approach method used in this research is normative legal research, which is a study that primarily examines legal regulations, legal principles and legal theory / doctrine. This research was also conducted using a case approach (statue approach) and a conceptual approach (conceptual approach), which relates to judges' considerations in considering the evidentiary process. The judge's consideration must provide justice and must not be partial in giving his decision, besides that the judge must be neutral and impartial and there is no interference from outside parties. If not, justice in this country will not be created, and what the plaintiff is fighting for to get back what is his right is difficult to obtain. Keywords : Legal protection, mediation, employment.

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