ANALISIS PROSES PEMBUKTIAN DALAM SENGKETA WANPRESTASI TERKAIT PERJANJIAN PINJAM NAMA (NOMINEE AGREEMENT): STUDI ATAS PUTUSAN NOMOR 176/Pdt.G/2024/PN KPN

Evidentiary proof is a crucial stage in civil dispute resolution, particularly
in cases involving complex shifts in legal construction. This research aims to
analyze the application of witness evidence in default (wanprestasi) cases based on Decision Number 176/Pdt.G/2024/PN Kpn, the attorneys' strategies in addressing the legal shift from a nominee agreement to a sale and purchase agreement with a repurchase right, and the factors influencing the utilization of witness evidence. This study employs an empirical juridical method through direct observation of court proceedings and interviews with the involved attorneys. The results indicate that although the dispute originated from a nominee agreement legal relationship in 2003, the evidentiary process was effectively centered on the validity of the statement letter of sale and purchase with a repurchase right dated June 27, 2011. The plaintiff attorney's strategy successfully directed the panel of judges' conviction through witness testimony that this case constitutes a standalone contractual default, thereby severing the relevance of proving the origin of land ownership as argued by the defendant. It is recommended that legal practitioners be more meticulous in formulating witness evidentiary strategies that focus on relevant facts to ensure the effectiveness of case resolution in court.