Birth Certificate Standing in Proof of Inheritance in The District Court

Study of Decision No. 49/Pdt.G/2016/Pn.Skh

DOI

10.2991/assehr.k.220501.028How to use a DOI?

Keywords

Birth Certificate; Civil Procedure Law; Evidence; Inheritance; Legal Considerations

Abstract

Indonesia is a state of law that is just. Conflicts or disputes in the community are expected to be resolved through an institution called the Judicial Institution. This institution is expected to decide justly on a dispute. Justice, as expected by the community, can be realized if there is an authentic evidentiary process in the course of the trial. This evidence is crucial because it is a source where judges can obtain trial facts, which will later be utilized as considerations in deciding a dispute. In proof, a letter or written evidence has perfect power over other evidence. One of them is an authentic deed made by an authorized official. An authentic deed with the power of perfect proof cannot be contested unless someone denies it with equally strong evidence. In practice, it is implemented in the decision of the Sukoharjo District Court with Case Number 49/Pdt.G/2016/PN.Skh. The method used to obtain the research results was the normative juridical method using a statutory approach and a case approach, in which data are obtained from legislation and district court decisions. The results of this study indicated that the judge’s decision on the dispute contained the considerations of the panel of judges, which stated that the birth certificate that was included in the authentic deed had perfect evidence so that it could deny the Plaintiffs’ claim, which only had evidence in the form of written evidence made unilaterally. The judge also considered that the evidence submitted by the Defendants is a letter issued from an agency that has fulfilled the legality formalities.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Winda Permata Sari
AU  - Aristya Windiana Pamuncak
AU  - Marisa Kurnianingsih
PY  - 2022
DA  - 2022/05/09
TI  - Birth Certificate Standing in Proof of Inheritance in The District Court
BT  - Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
PB  - Atlantis Press
SP  - 247
EP  - 250
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220501.028
DO  - 10.2991/assehr.k.220501.028
ID  - Sari2022
ER  -