Application of Presumptive Evidence in Civil Cases of Divorce Classification (Study of Kupang District Court Decision Number 11/Pdt.G/2022/PN.Kpg)

Abstract

Divorce cases are one of the classifications of cases in Civil Law. The process of examining and proving divorce cases is no different from general civil cases. This study aims to analyze the reasons why judges apply presumptive evidence in civil cases classified as divorce, this research uses normative juridical research. As a result of the research, it was found that the reason why the judge applied presumptive evidence was that the judge adhered to the theory of free evidence and there were no witnesses who saw, heard, or experienced the quarrel or dispute between the Plaintiff and the Defendant. The suggestion given by the author is that the process of proof in civil cases must be guided by civil procedural law so as to be able to produce quality and comprehensive decisions.