Intellectual Property Rights Dispute Resolution: Commercial Court Review

Djumadi Djumadi
2017 IOSR Journal of Humanities and Social Science  
Empirical experience has shown that dispute of joint marital property in Indonesian Religion Court put housewives in difficulties on fulfilling the burden of proof process because generally the post marital property is possessed under the husband name. Marriage itself is not built only to gain economy profit, thus the anticipation on evidences in such cases of dispute might be overlooked. Split on burden of proof is stipulated in article 163 HIR/283 RBg and article 1865BW. It explained
more » ... ly that litigant must provide the evidence, and it makes housewives as litigant get into the weak position, difficult to obtain their right on joint marital property. The court verdict shall fulfill the sense of justice, therefore it will need special regulation of split on burden of proof that suitable with dispute characteristic of joint marital property by providing authority for judge and shifting the burden of proof, when all part of joint marital property were under defendant name and defendant possession.
doi:10.9790/0837-2206103640 fatcat:gmb4p47lrbfttnklqzq5k4y474