Reconstruction of Regulation of the Authenticity of Judges in Assessing Authentic Deeds as a Tool of Evidence in Civil Disputes in Court is Not Based on Values of Dignified Justice

Abstract

The urgency of the need for the reconstruction of the judge's authority in assessing the evidence can be carried out because the basic nature of the Authentic Deed is indeed perfect and binding, but not coercive and decisive. Therefore, the author will examine the authority of the judge in deciding the case and relate it to the theory of dignified justice. This study aims to analyze and find the reconstruction of the regulation of the authority of judges in assessing authentic deeds as evidence in civil disputes in court based on the value of dignified justice. The research method used in this study uses the Constructivism Paradigm. To carry out the constructivism research paradigm, construction is carried out through interactions between and among respondents and objects of observation using a hermeneutic approach. Hermeneutics etymologically has the meaning of interpretation or interpretation. The researcher wants to carry out an interpretation or interpretation of the system of regulation of the authority of judges that applies in accordance with Law Number 48 of 2009 concerning Judicial Power towards proving authentic deeds in civil law which will then be compared with the reconstruction of regulation of the authority of judges who have justice and dignity. The approach used is sociological juridical research which is supported by juridical facts, namely studying and reviewing the provisions of positive law in Indonesia relating to Judicial Power, especially the authority of Judges. The legal theory used as an analysis is the legal theory of progressivism which is associated with the Dignified Justice Theory. The findings of this study are that the regulation of the authority of judges in assessing authentic deeds as evidence in civil disputes in court is not yet based on the value of dignified justice because Indonesia still uses other countries' legal systems under the articles of the Civil Code, the Law on Judicial Powers Reconstruction of regulations on the authority of judges in assessing deeds authentic as a means of documentary evidence that expands the position of an authentic deed which is perfect and binding, but does not have the nature of being coercive and decisive in civil disputes in court based on the value of dignified justice adapted to the development of the modern legal system. Reconstruction of legal norms Article 1870 of the Civil Code.

Keywords: Regulation, Authority of Judges, Authentic Deeds, Justice; Dignified

DOI: 10.7176/JLPG/131-10

Publication date: April 30^th 2023