Evidence of civil cases: types, energy, and examples of its application in courts

The existence of evidence in a civil case played an important role. If no valid and convincing evidence, it is difficult for the judge to determine material fact and give a fair decision. This article fully explores evidence in civil cases, beginning with understanding, types based on legal provisions, the difference in proof cases, examples of the application of the court.

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Understanding evidence in civil cases

Moderate, evidence about peripheral is all that people judge the judge to strengthen their arguments or their objections. This evidence tool is intended to convince the judge of the truth of an event or legal facts that is the subject of dispute.

In the context of Indonesian civil procedure, provisions about primary evidence regulated article 164 Changed land regulations (Hir), Article 284 Legal claim regulations (RBG), and Article 1866 in Civil Code (Kuhut).

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Types of Evidence Tools in Perdata Case (Article 164 Hir / 284 RBG)

Article 164 Hir, Article 284 RBG, and criminal code clearly discusses five types of valid evidence in civil cases, which are:

1. Written evidence or letter

This is a written evidence with information about an event or legal action. Examples are true works (made by public officials such as notaries), underneath deeds (made by parties themselves), correspondent letters, receipts, invoices.

2. Evidence of witness

The information provided by the Witness with an oath before the judge of what he saw, heard, or experienced himself related to the case checked. The credibility and relevance of testimony are important considerations for judges.

3. Evidence

Conclusions drawn by judge from an event or fact proved to the presence of an event or other facts. Thoughts can be a law or judge.

4. Proof of identification

The statement from one of the parties who know the truth of the part or all suggestions submitted to the opposing party. The identification provided before the judge has strong evidence.

5. use

The sacred statement that one of the parties told the judge’s orders to strengthen his argument or reject the opponent’s argument.

Also read: What is true work? Check this discussion!

Power Proof of Evidence Order

Overall, the sequence of evidence of evidence in civil case is as follows (although the last evaluation remains in the hands of the Judge):

1. Real Work

The actual acts are made of acts made and signed on or before the authorized officer, such as notaries. True deeds have the most powerful proof because it is considered to give legal security about the facts listed in it as long as it is not proved if not.

2. Work under the hand

Its strength corresponds to a true work for parties who make it and the heirs, if there is no real work.

3. Other letters

The power of proof is assessed based on its contents and case relationships.

4. Confession

Recognition before the judge has a perfect power to proof to the confessers.

5. Oath of decisoir

If the opposite does not argue and do not want to swear, it is considered to be proven by the party to seek the oath. If the opposite swore, then the first party fell.

6. Testimony

The power of evidence depends on the quality of the Witnesses, the relevance of his statement, and following other evidence. Often, only one witness is not enough (A Witness not a witness).

7. TIPS

The power of proof of the law is determined by law, while judges rely on consideration of judges.

It is important to note that this order is not a perfect hierarchy. The judge has the authority to evaluate the overall evidence suggested and determine what is most convincing to build legal facts.

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Comparing the evidence of civil vs criminal

Although both refer to the search of truth, there are basic differences in the proof system between civil and criminal cases:

In aspects	The thing that	Pidana object
efforts	More than parties prohibited.	More than investigators and public residents.
ProO load	Most of the works (Article 1865 in Civil Code)	To the public prosecutor to verify defendant’s errors.
Proof Standards	“Possibly” or “balance” in “possiblePreparing for evidence).	“Outside Reason Doubts” (More than a logical doubt).
Purpose.	Solve disputes and return rights.	Condemn violation of criminal law
Type of evidence	Similarly, but interpretation and application can be different.	Much more and particularly in many ways (eg evidence of instructions).

Re-read: What is Duarsis (Verjaring)? Understand the difference in criminal and civil law

Example of using evidence in a civil case

Here are some examples of how evidence is applied to civil cases:

1. Default default case

Plaintiff submits a written agreement (underneath the hand), proof of partial payment transfer, and a warning letter to the defendant as a letter or writing. Plaintiff also shows witnesses (former employees) to know the agreement and implementation of the work as proof. If the defendant acknowledged the agreement but denied the default, then the accused of the defendant is evidence.

2. A dispute over land

Plaintiff has submitted a certificate of possession (SHM) as a true work. The defendant submits proof of payment to the land and to build taxes (PBB) and information from the village head as other letters. Judges can use suspicion based on physical control over land for a long time to strengthen one of the party’s arguments.

3. divorce

Plaintiff submits a book to marriage as a real work. Plaintiff can also apply for a picture or video recording disputes such as electronic evidence. Information from family or close friends about household rift can be submitted as proof.

In each instance of the above, verdict, think, think, and connect different evidence filed to the parties to get a complete picture of the fact that the judge’s existence.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Civil book of Civil;
2. Criminal code;
3. Criminal method of criminal.

reference

1. Retnowulan Sutantio and Iskandar Oeripkartawatata. Method of civil method of theory and practice law. Bandung: Alumni, 1983.