ANALISA YURIDIS PUTUSAN PENGADILAN AGAMA BOYOLALI TENTANG PEMBUKTIAN ANAK KANDUNG SEBAGAI SAKSI DALAM PERKARA PERCERAIAN

(Analisis Putusan Pengadilan Agama Boyolali Nomor : 0427/Pdt.G/2022/PA.Bi)

Abstract

The child is a very noble creature and is expected to be present in the family that God has created and entrusted. Children can also be the only people who witness the chaos, quarrels, disputes and chaos of their own parents' households. Many in the court process, especially divorce cases, both children who are 15 years old but under 18 years old and adult children are used as witnesses in divorce cases of their own biological parents. The purpose of the research conducted by the author is to find out and analyze the evidence of biological children as witnesses in divorce cases in positive law, problems in evidence that present biological children as witnesses in divorce cases, the evidentiary process that presents biological child witnesses in divorce cases to be in accordance with applicable laws and regulations. The method in the preparation of this thesis is normative juridical, which is an approach based on binding norms or regulations.

The results of research in divorce lawsuit cases, husbands as defendants are in fact prohibited from presenting biological child witnesses at the trial or in other words child witnesses are rejected by the panel of judges who examine and try divorce lawsuit cases number: 0427 / Pdt.G / 2022 / PA. Bi. Even though the biological child who was a witness in the case was already 19 years old. It is necessary to apply the initial trial process, legal considerations and decision making using HIR Article 145 (1) and (2) letter 3e, Chapter 1886 Civil Code and Chapter 164 Civil Code,  related to Proving Biological Children as Witnesses in Divorce Cases. So that someone who seeks justice and legal certainty with the decision of the Panel of Judges is really fair and has legal certainty.

Keywords : Verdict, Evidence, Biological child witness