Evidence in Civil Cases: Types, Strengths, and Examples of Its Application in Courts

The existence of evidence in a civil case plays an important role. Without valid and convincing evidence, it is difficult for the judge to determine material truth and give a fair decision. This article will thoroughly explore evidence in civil cases, starting from understanding, types based on legal provisions, the order of the power of proof, the difference with proof in criminal cases, to examples of its application in court.

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Understanding of evidence in civil cases

While, evidence in peripheral terms is everything made by people who have made the judge to strengthen their arguments or objections. This evidence is intended to convince the judge of the truth of an event or legal facts that are the subject of disputes.

In the context of civil procedural law in Indonesia, the provisions regarding the main evidence are regulated in Article 164 Revised inland regulations (HIR), Article 284 Regulations on legal claims (RBG), and Article 1866 of the Civil Code (KUHPER).

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Types of evidence in civil matters (Article 164 HIR / 284 RBG)

Article 164 HIR, Article 284 RBG, and the Criminal Code explicitly mentions five types of valid evidence in civil cases, namely:

1. Written evidence or letter

This is a written evidence that contains information about an event or legal action. Examples are authentic deeds (made by public officials such as notaries), deeds under the hand (made by the parties themselves), agreement letters, receipts, invoices, and other documents.

2. Witness evidence

The information given by the witness under the oath before the judge regarding what he saw, heard, or experienced himself was related to the case being examined. Credibility and relevance of testimony are important considerations for judges.

3. Proof

The conclusion drawn by the judge from an event or facts is proven by the existence of an event or other facts. The mind can be a law or judge.

4. Proof of recognition

The statement from one of the parties that recognizes the truth of part or all of the propositions submitted by the opposing party. The recognition given before the judge has a strong evidence.

5. Use

The sacred statement spoken by one of the parties on the judge’s orders to strengthen his argument or refute the argument of the opponent.

Also read: What is Authentic Deed? Check out this discussion!

Order of power proof of evidence

In general, the sequence of evidence of evidence in the civil case is as follows (although the final assessment remains in the hands of the judge):

1. Authentic deed

Authentic deeds are deeds made and signed by or before the authorized official, such as notaries. Authentic deeds have the most powerful proof because it is considered to provide legal certainty about the facts listed in it as long as it is not proven otherwise.

2. Be under

Its strength is equivalent to an authentic deed for the parties who make it and the heirs, if there is no authentic deed.

3. Other letters

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

4. Confession

Recognition before the judge has a perfect proof power towards those who confessed.

5. Decisoir oath

If the opponent does not argue and does not want to swear, it is considered proven by the party to seek oaths. If the opponent swores, then the first party falls.

6. Testimony

The power of proof depends on the quality of witnesses, the relevance of his statement, and compliance with other evidence. Generally, just one witness is not enough (One witness without witnesses).

7. Suggestion

The strength of legal evidence is determined by the law, while the judge is very dependent on the judge’s logist considerations.

It is important to note that this sequence is not an absolute hierarchy. The judge has the authority to assess the overall evidence proposed and determine which is the most convincing in constructing legal facts.

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Comparison of evidence in civil vs. criminal

Although both aim to find the truth, there are fundamental differences in the proof system between civil and criminal cases:

Aspect	The problem becomes	Criminal
Initiative	More to the parties who are litigated.	More to investigators and public prosecutors.
Proof load	Generally on the deeds (Article 1865 of the Civil Code)	In the public prosecutor to prove the defendant’s mistakes.
Proof Standards	“More likely” or “probability balance” (More evidence).	“Outside of reasoning doubts” (Without doubt).
Objective .	Resolve disputes and restore rights.	Sentenced the criminal law violation
Type of evidence	Similarly, but the interpretation and application can be different.	Tighter and specific in several ways (for example evidence of instructions).

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Example of the application of evidence in a civil case

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

1. Contract Default Case

The Plaintiff submitted a written agreement (deed under the hand), proof of partial payment transfer, and a warning letter to the Defendant as a letter or writing. The Plaintiff also presents witnesses (former employees) who know the agreement and implementation of part of the work as testimony. If the Defendant recognizes the agreement but denies the default, then the defendant’s recognition is evidence.

2. Land dispute

The Plaintiff submitted a certificate of ownership (SHM) as an authentic deed. The Defendant submitted proof of payment of Land and Building Tax (PBB) and information from the village head as other letters. Judges can use suspicion based on the physical control of the land for a long time to strengthen one of the arguments of the party.

3. Divorce

The Plaintiff submitted a marriage book as an authentic deed. The plaintiff can also apply for a photo or video recording of disputes as electronic evidence. Information from family or close friends about household rift can be submitted as testimony.

In each example above, the judge will examine, consider, and connect various evidence submitted by the parties to get a complete picture of the fact that actually occurs before dropping the verdict.

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Also read: Understand divorce evidence in the divorce process

(This article has been edited by the perqara editorial team)

Legal basis

1. Civil Code Book;
2. Criminal Code;
3. Criminal Procedure Code.

Reference

1. Retnowulan Sutantio and Iskandar Oeripkartawinata. Civil procedure law in theory and practice. Bandung: Alumni, 1983.