PELAKSANAAN PEMERIKSAAN SETEMPAT DALAM PENYELESAIAN PERKARA PERDATA PERMOHONAN PENETAPAN PENGAMPUAN DI PENGADILAN NEGERI MALANG KELAS IA

Utari, Nathaza Diny (2025) PELAKSANAAN PEMERIKSAAN SETEMPAT DALAM PENYELESAIAN PERKARA PERDATA PERMOHONAN PENETAPAN PENGAMPUAN DI PENGADILAN NEGERI MALANG KELAS IA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The determination of guardianship is a form of legal protection that aims to place a person who is an adult to be equal to those who have not reached adulthood, with the aim of protecting their civil rights. One of the cases related to the determination of guardianship is case number 156/Pdt.P/2024/PN Mlg which has been accepted and resolved by the Malang Class IA District Court, but in the process of resolving the case the judge suggested that a local examination be conducted, due to the limitations of the evidence submitted by the applicant, namely written evidence and witness statements. Although the evidence submitted by the applicant is in accordance with the provisions of Article 164 HIR and Article 1866 of the Civil Code, the judge has assessed that the evidence submitted is not sufficient to determine the guardianship application. Therefore, it is necessary to further analyze the position of the local examination in the guardianship application case. The research method uses empirical juridical research by collecting data and information through interviews with judges and substitute clerks of the Malang Class IA District Court. The results of this research discussion are that the local examination functions as the validity of the direct facts against the prospective guardian and supporting written evidence. The research findings confirm that, although on-site inspections are not formal evidence, on-site inspections play an effective role in ensuring the objectivity of guardianship decisions, while also protecting the rights of vulnerable groups in accordance with the principles of justice and legal certainty.

Item Type:

Thesis (Undergraduate)

Contributors: