PELAKSANAAN PEMERIKSAAN SETEMPAT DALAM PENYELESAIAN PERKARA PERDATA DI WILAYAH HUKUM PENGADILAN NEGERI RENGAT

Abstract

In civil cases where the object of dispute cannot be presented at trial, it is necessary to
conduct a Local Examination (Descente) trial by the judge ex officio to get a clearer and detailed
picture of the object of dispute so that it can be used as consideration by the judge when making a
decision.
The main problem in this study is how to carry out local examinations (descente) in the
settlement of civil cases in the jurisdiction of the Rengat District Court and what are the obstacles to
local examinations (descente) in the Rengat District Court.
The research method used is Sociological Legal Research, namely interviews and
questionnaires as a data collection tool. In this study, the authors conducted direct research at the
research site to obtain materials, data and information related to this research. The nature of the
research, this research is descriptive, which provides a clear and detailed description of an event that
occurred.
Based on the results of the study, it is known that, the implementation of a local examination
(descente) in the settlement of civil cases in the jurisdiction of the Rengat District Court, namely
attended by the parties, coming to the place where the goods are located, the Registrar making a
report, making a deed of opinion. Meanwhile, a local examination (descente) can be held by a judge
because of his position and at the request of the parties. Local inspection (descente) is also not
measured on immovable objects such as land or ships, it can also be movable objects provided that the
goods are difficult or impossible to bring or submit in court. As for the power of proving local
examinations (descente) as one of the supporting evidence in civil cases, namely in a formal juridical
manner, the results of local examinations (descente) are not evidence, because they are not included
as evidence as referred to in Article 164 HIR, Article 1886 of the Civil Code, or Article 283 RBg.
Therefore, the local examination (descente) only has the value of evidentiary power, namely as a
statement for the judge and the variable value of its strength in the judge's decision. And local
examinations (descente) not infrequently judges find obstacles in the field including personnel in
carrying out local examinations (descente), the absence of expert witnesses, security issues, difficulty
in accessing roads to the place of the object of the case, objects of dispute, securing local
examinations (descente). ), land tenure is de factor and de jure, it is loaded with elements of thuggery
on the location of the land and the procedure for issuing supradits and certificates is filled with
elements of fraud and false information