Pemeriksaan Saksi Secara Bersama-Sama Dalam Perkara Perdata Di Pengadilan Agama

Ma’nun, Johar (2025) Pemeriksaan Saksi Secara Bersama-Sama Dalam Perkara Perdata Di Pengadilan Agama. Undergraduate Thesis thesis, UIN K.H. Abdurrahman Wahid Pekalongan.

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Abstract

Johar Ma’nun, Student ID. 1120103, 2025, “Joint Examination of Witnesses In Civil Cases In The Religious Courts”. Thesis, Islamic Family Law Department, Faculty of Sharia, K.H. Abdurrahman Wahid State Islamic University Pekalongan. Advisor: Muhammad Yusron, M.H. Witness examination is the process of examining witnesses in front of a panel of judges in order to obtain information as evidence for issues related to evidence. Article 144 paragraph (1) HIR which states "Witnesses who come on the appointed day are summoned to the courtroom one by one." Furthermore, article 171 paragraph (1) Rbg states that "Witnesses who have come to appear are called one by one to enter the court room". However, in reality, witnesses being examined simultaneously (more than one witness) is commonplace in religious courts. This research is a normative-juridical study using data collection methods through literature or document study, which involves collecting books, legislation, literature, and other reference materials related to the problem being studied. The collected data is then analyzed using a descriptive-analytical approach, which involves comprehensively describing an issue and then analyzing it to draw conclusions. Simultaneous examination of witnesses should not be carried out in Religious Courts because it violates the rules of civil procedural law. Legal positivism itself prohibits it because valid legislation must be accepted as true law, without considering its substance. Non-legal factors that support this practice cannot be used as an excuse, because law must be separated from non-legal elements. The legal consequences of decisions involving the practice of simultaneously taking witness statements are null and void due to formal defects. This null and void status is imposed by a court one level above if the party files an appeal, cassation. Keywords: Witness examination, civil procedural law, legal positivism.

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