Tinjauan Yuridis Kedudukan Pembuktian Pemeriksaan Setempat Dalam Sengketa Waris Islam (Studi Putusan Nomor 2684/Pdt/G/2018/PA.Mdn)

Abstract

Communities in carrying out civil dispute resolution should be in accordance with the regulations set out in the Civil Procedure Code. "Civil procedural law is a set of rules that contain how people must act with and before the court and how the court must act with one another to carry out the implementation of the Civil Code regulations" The problem discussed by the author is How is the regulation of Proof of Local Examination in Islamic Inheritance Disputes, How is the Settlement of Islamic Inheritance Disputes in the Religious Courts, and What Is the Proof of Examination in Islamic Inheritance Dispute . The research method that the author uses is a type of empirical research that is a research method that examines the study of documents, which uses various secondary data such as regulations, legislation, court decisions, legal theory and can also be in the opinion of scholars. The results of this research are that the use of proof of local examination is regulated in the Supreme Court Number 7 of 2001 concerning local examination. Based on a circular which basically allows the head of the panel of judges to hold a local examination in examining civil disputes where the object of dispute is immovable property, namely land, Settlement of Islamic Inheritance Disputes in the Religious Courts is mediated between the two parties, Proof of Examination in the Islamic Welfare Dispute , in this case Proofing is one of the most important aspects brought in and prepared by the parties (Plaintiffs and Defendants) in proving the truth of a legal event. So the position in the proof has a very important meaning in the Islamic inheritance dispute