Analysis of Evidence Oath Breaker (Decesoir) in Inheritance Land Dispute

INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) ANALYSIS OF EVIDENCE OATH BREAKER (DECISOIR) IN INHERITANCE LAND DISPUTES Diniar Hapsari, Pierre Briyan Govantoro Duta Bangsa University, Surakarta , ABSTRACT, In civil law, there is evidence as stated in Article 1866 KUHPer, which includes letters, witnesses, allegations, confessions, and oaths. If there is no evidence, one of the parties may ask the panel of judges to administer an oath to the opposing party. The problems in this study are how the procedure of oath breaker in inheritance land disputes, whether the legal consequences of oath breaker if the requested oath is not true, and the strength of evidence for oath breaker in inheritance land disputes. This journal's research method uses a normative juridical approach, which emphasizes library data. The data obtained was further analyzed qualitatively. Based on the research, the breaking oath is an oath that is charged at the request of one of the parties to the opponent, which is done if there is no evidence. The legal consequences of breaking oaths are that when the actions requested by the oath are not true, the truth of the events requested by the oath becomes certain according to the law. The power of proof of the oath breaker is to decide the case which has the value of perfect, binding and decisive proof. Keywords: oath breaker; dispute; land inheritance INTRODUCTION The law of evidence in the rules of civil procedure plays an important role in the legal cycle in order to clarify what is happening in order to obtain justice that the defendants can recognize. In the civil procedure known as BW, there are several kinds of evidence as stated in Article 1866 of the Civil Code. The types of evidence include letters, witnesses, allegations, confessions, and oaths. The definition of oath is interpreted in Article 1929 BW, which contains the meaning of shrewdness affirmation that is conveyed intensively by mentioning the name of God Almighty in accordance with the belief that gives the pledge. Evidence involving oaths only exists in civil courts. This is not entirely determined by the panel of judges in the event that the completion of other evidence is considered important. In situations where there is no evidence, either party may ask a panel of judges to administer an oath to its opposing party. Public activities can not be distinguished from the course of cooperation between individuals with each other, both between people and associations. This cannot be separated from a dispute or debate. One of the disputes or debates that often occur locally or within the family is the issue 1 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) of fighting over inherited land. The land debate occurs when either party feels that their rights have been revoked by individuals who should not have obtained those rights or the division of inheritance is considered off track by the beneficiaries themselves. Estate arrangement is the arrangement of property in a family, in which due to the death of someone, there is an exchange of property that has been left behind. Inheritance regulations regulate who is eligible to acquire property or an inheritance, the position of heirs, and the fair distribution of inherited property. Inheritance land disputes occur when one individual feels the rights of another or the division of inheritance is considered unfair. The utilization of this type of current regulation is left to the disputing party. In the settlement of inheritance land disputes locally or within the family, this is done through deliberation among the beneficiaries. Despite this, in the event that there is a division of the inheritance that cannot be resolved through such consideration, the heir can file a lawsuit in court in accordance with his regulatory decision, both in Western civil regulations and in customary law. However, if in the debate the assembly does not have sufficient evidence to show proof, then the assembly may use the evidence by oath of the breaker to prove the rights of the parties. Based on this background, the study wants to examine the "Analysis Of Evidence Oath Breaker (Decisoir) In Inheritance Land Disputes." Problem 1. What is the oath breaker procedure in inheritance land disputes? 2. What are the consequences of breaking the oath (decissoir) if the requested oath is not true? 3. How is the oath breaker's strength demonstrated in inheritance land disputes? Research Methods The type of research used is normative legal research. Normative legal research is carried out by examining or researching library materials or secondary materials, such as legislation, books, and articles that have relevance and relevance to the problem to be studied, as well as hypotheses and opinions of researchers. Data analysis in this study used qualitative data analysis, which is an analysis of data in the form of a sentence description, which describes the symptoms and answers to the problems studied. The existing problems will be clearly illustrated by the analyzed data, and a conclusion can be drawn from the results of the discussion that has been done. 2 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) Discussion 1. Oath Breaker Procedure in an Inheritance Land Dispute The oath as a whole is a very serious explanation uttered or considered when giving a promise or testimony by recalling the highest idea of God and accepting that any individual who gives a false statement or commitment will be punished by him. So basically, an oath is an act of a religious nature used in the legal executive. A decision, or breaker oath, is an oath that is imposed on one of the parties at the request of the other. The party who asks that the opponent swear is called a deferent, while the party who needs to swear is called a delaat. The final oath or decissoire eed is regulated in Article 156 HIR or 183 Rbg, which reads: in the absence of data or other evidence, to strengthen the case, one party may ask the opposing party to swear an oath in court so that with the oath the case can be resolved. The oath is pronounced in relation to the activities carried out by the party required to swear. According to Article 1930 of the KUHPer, the oath breaker can be ordered in any dispute, except those in which the parties are not authorized to make a peace or in which their recognition will not be considered. In the rules of civil procedure, it is known as evidence by oath of the breaker in general cases and in particular in matters of inheritance land. For example, since the estate of the plaintiff filed a lawsuit against the defendant, the estate was not divided and he asked for his share. The defendant said that the inheritance had been divided. In this circumstance, the defendant is charged with proving that the inher (...truncated)