Civil Evidence To Know, Anything?

YOGYAKARTA - What civil evidence can we know? In the civil event law, we can find out about five pieces of evidence. Five pieces of evidence in the civil event law include witness evidence, letter evidence, evidence of suspicion, evidence of recognition, and evidence of oath. Check out the full review below.

In the Indonesian Civil Procedure Law, Sudikno Mertokusumo distinguishes the definition of letters and deed. The letter is interpreted as something that contains reading signs and is intended to reveal a person's thoughts, where the mind can be used as proof.

Meanwhile, the deed is an article that is signed which contains the incident and becomes the basis of a right or partition that was originally prepared for a proof. In the Civil Code, the deed is divided into two types, namely the authentic deed and the deed under the hand.

The provisions of Article 1868 of the Civil Code explain that an authentic deed is a deed made in the form stipulated by law or in front of a general official authorized to do so at the place where the deed was made.

As for the deed under the hand, Article 1874 of the Civil Code explains that the deed under the hand is a deed signed under the hands, letters, registers, household affairs and other writings made without the intermediary of a general official.

Regarding the power of proof of the deed under the hand further, as stipulated in Article 1875 of the Civil Code, the deed under the hand can have the same power of proof as an authentic deed, with the deed under the hand recognized to be true by the person who signed it.

In the Law on Civil Events and its Developments in Indonesia, Sri Wardah and Bambang Sutiyoso explained that the testimony or witnesses were statements from third parties who were not litigants at the trial to provide certainty to the judges regarding the disputed incident, verbally and personally and regarding what they experienced and knew for themselves.

The provisions of Article 1909 of the Civil Code state that everyone who has the ability to become a witness is obliged to testify before a judge. However, Article 1910 and Article 1912 of the Civil Code explain that there are a number of people who are prohibited from being witnesses, namely:

Article 1915 of the Civil Code explains that the suspicion is a conclusion by law or by a judge is drawn from an event that is known to the public towards an event that is not known to the public. Furthermore, the suspicion is divided into suspicion based on laws and suspicions that are not based on law.

Regarding the suspicion that is not based on law, it is explained in Article 173 HIR that the suspicion that is not based on a law may only be considered by the judge in considering a case, if the suspects are important, thorough, certain, and in accordance with each other.

From a number of provisions in the Explanation section of Article 173 HIR, it can be concluded that simply, the suspicions that are not based on the law are conclusions taken by the judge of a proven incident or situation, so that they can explain an incident or an unproven situation.

Furthermore, regarding the suspicion based on law, Article 1916 of the Civil Code explains that the suspicion is based on law, namely the suspicion associated with certain acts or certain events based on the provisions of the law. This type of suspicion, among others:

The act declared null and void by law, because the act is solely based on its nature and form, is considered to have been carried out to avoid a statutory provision;

The statement of the law which concludes that there are rights to property or debt exemption from certain circumstances;

The power given by law to a judge's decision that obtains definite legal force; and

The power given by law to recognition or to the oath of one of the parties.

Evidence of recognition is regulated in Articles 174, 175, and 176 HIR. In Article 174 HIR and its explanation it is explained that recognition can be classified for recognition before a judge and recognition outside the court (Article 175).

The confession before this judge, whether pronounced by himself or through his power, is considered sufficient and absolute evidence. With another explanation, the judge must accept this recognition as sufficient evidence.

Meanwhile, confessions outside the court are considered as free evidence, in which the power of proof of this recognition is submitted to the judge's considerations and opinions.

Furthermore, in the provisions of Article 176 HIR it is explained that every confession must be accepted unanimously and the judge must not accept part or reject some of the confessions that can harm the person who claims to be, except for the person who owes it with the intention of releasing himself, mentioning the case that was proven that the act or incident was false.

Meanwhile, in the Civil Code, recognition as legal evidence of civil events is regulated in Article 1926 of the Civil Code which explains that a confession given before the Judge cannot be revoked unless it is proven that the confession was given due to an error regarding the events that occurred. For covert reasons based on mistakes in applying the law, recognition cannot be revoked.

Regarding the oath that was used as evidence of civil event law, the provisions of article 1929 of the Civil Code explained that two kinds of oaths can be conveyed before the judge, including:

That's a review of civil evidence. Visit VOI.id to get other interesting information.