Implementation Of The Application Of The Notoir Feiten Principle In The Evidentiary Process Of Civil Inheritance Dispute Cases In North Tapanuli Regency A Case Study Of Decision Number 68/Pdt.G/2018/Pn Blg

Abstract

This research is motivated by the complexity of inheritance land disputes in North Tapanuli Regency, which are influenced by the overlap between Batak Toba customary law and national civil law. One of the key issues in such disputes is the application of the notoir feiten principle, namely facts that are commonly known and therefore do not require proof. In practice, the disputing parties often assert customary facts, the history of land ownership and kinship structures as commonly known facts that are considered to fulfill the elements of notoir feiten. However, not all customary facts possess a universal character, which frequently leads to disputes during the evidentiary process. The dispute analyzed through Decision Number 68/Pdt.G/2018/PN Blg serves as a concrete example of how claims of land ownership based on customary law must be examined through the standards of civil evidence