2. Principle of Active Judge (Free Proof)

In Article 62 of the UU PTUN, it is stated that before an examination of the subject matter of the dispute is carried out, the judge holds a deliberation meeting to determine whether the lawsuit is declared inadmissible or unfounded, which is equipped with considerations.

Then in Article 63 of the UU PTUN, it is also explained regarding the preparatory examination to find out whether the plaintiff's lawsuit is unclear, so that the plaintiff needs to complete it. Thus, this principle gives a role to the judge in the trial process to obtain a material truth, therefore the UU PTUN leads to free proof.

The provisions of Article 80 of the UU PTUN state that for the smooth running of the dispute examination, the Presiding Judge has the right at the trial to provide instructions to the disputing parties regarding legal remedies and evidence that can be used by the parties in the dispute. This is related to the free proof by the judge, where the judge determines what must be proven, the burden of proof and the assessment of proof, and for the validity of the proof, at least 2 (two) pieces of evidence are required based on the Judge's belief (Article 107 of the UU PTUN).

In fact, if it is deemed necessary to overcome the difficulties of the plaintiff in obtaining the necessary information or data, the Judge may order the TUN body or official as the defendant to provide the necessary information or data. This is explicitly stated in Article 85 of the UU PTUN.