KEKUATAN HUKUM ALAT BUKTI SAKSI TESTIMONIUM DE AUDITU PADA PERKARA GUGATAN WARIS DI PENGADILAN AGAMA KABUPATEN MALANG NOMOR REGISTRASI PERKARA 3905/PDT.G/2023/PA.KAB.MLG

Testimonium de Auditu is a type of evidence that involves witnessing, hearing, or experiencing an event firsthand. However, this type of evidence does not directly involve the witness themselves, but rather relies on the testimony of others. In legal terms, Testimonium de Auditu cannot be used as direct evidence, but it can be used as supporting evidence or evidence of the claim in a case. In the context of the case being studied, the goal is to understand the legal framework of Testimonium de Auditu evidence in the procedure for resolving disputes over heirloom registration number 3905/Pdt.G/2023/PA.Kab.Mlg at the Malang Religious Court. The research results show that Testimonium de Auditu evidence in heirloom registration disputes at the Malang Religious Court, when submitted by the parties involved, can be used as supporting evidence by the judge as the final decision-maker in the courtroom. However, Testimonium de Auditu evidence, even if it meets the requirements, is still received by the judge. To create consistency in the treatment of Testimonium de Auditu evidence, it is necessary to have a complex regulation to regulate the handling of such evidence.