PERANAN HAKIM DALAM MENGGALI KEBENARAN MATERIIL DALAM PERKARA PERDATA: ANALISIS YURIDIS TERHADAP BATASAN PRINSIP HAKIM PASIF DALAM HUKUM ACARA PERDATA INDONESIA

Abstrak

Civil procedural law fundamentally adheres to the principle that judges are passive, meaning that judges examine and decide cases based solely on the facts, arguments, and evidence presented by the parties. This principle places the parties in an active position in determining the scope of the dispute, while the judge acts as an evaluator and decision-maker. However, in judicial practice, the application of the passive judge principle often raises concerns when the truth revealed during the proceedings is merely formal and does not necessarily reflect the actual circumstances of the case. In such situations, an important question arises regarding the extent to which judges may take an active role in uncovering the material truth without violating the fundamental principles of civil procedural law. This study aims to analyze the position of the passive judge principle within the Indonesian civil procedural law system and to examine the limits of judicial authority in uncovering material truth during the examination of civil cases. The research employs a normative legal research method using statutory and conceptual approaches. The analysis is conducted through the examination of positive legal provisions, legal doctrines, and principles that have developed within judicial practice. The results of this study indicate that although civil procedural law generally places judges in a passive position, judges still bear the responsibility of ensuring the realization of justice through a careful assessment of the facts and evidence presented by the parties. The role of judges in uncovering material truth may be exercised within certain boundaries, such as clarifying unclear facts, guiding the course of the proceedings, and ensuring that the evidentiary process is conducted fairly and in a balanced manner. Therefore, maintaining a balance between the passive judge principle and the pursuit of material truth is essential to ensure the realization of substantive justice in the resolution of civil disputes.