The Principle of Audi et Alteram Partem in Civil Dispute Settlement in District Court in Indonesia

Abstract

The civil dispute settlement, in its practice is less sufficient to provide justice for the weak party. One of the legal principles in the Civil Procedure Law is Audi et alteram partem (hear from the other side/other party) as the basis of the rules and enforced by the judges in the civil judicial proceeding, in fact the process is long and the application of the principle is ignored, in addition in Law of the Republic of Indonesia Number 48 Year 2009 on Judicial Power has not regulated it and prevail execution of Civil Procedure Code from the Dutch colonial era (HIR and RBG). This study aims to find the essence of Audi et alteram partem therefore the government shall regulate in Law Number 48 Year 2009 concerning Judicial Power therefore the sanctions would be more assertive, and the civil judgment would utterly reflect justice, legal certainty and beneficial. This type of research is empirical law research with descriptive qualitative approach method. Data sources include primary and secondary data. Secondary data are grouped, created an overview namely jurisprudence inventoried and grouped to quest for its ratio decidendi. Primary data are examined for its completeness, grouped according to its type and compared to each other. Primary data are analyzed qualitatively hence resulted the description of the process of civil dispute settlement through proof, while the secondary data is analyzed by Statute, Conceptual, and Case Approach to conduct legal reasoning, legal interpretation and legal argumentation in logical systematic way, to discover the development of free proofing assessment theory. Conclusion of research, there is difference of interpretation regarding the essence of Audi et alteram partem among litigants. Judges must decide upon the essence of Audi et alteram partem namely justice, equity, equality of opportunity by virtue of the free authority granted by law. This research recommends: the government shall regulate the principle of Audi et alteram Partem in a single article in Law of the Republic of Indonesia Number 48 Year 2009 or Civil Procedure Law. Furthermore, the judge shall include reasons for the disregard/exclusion of the evidence of any party in judgment consideration thereby justice, equilibrium and legal certainty are expected by the parties can be achieved.

Keywords: audi alteram partem, civil dispute, district court, Indonesia.