Law of Evidence at Indonesia
The Law of Evidence in Indonesia is primarily governed by the Indonesian Criminal Procedure Code (KUHAP) and the Indonesian Civil Procedure Code, along with other related statutes and court decisions. Here's a general overview of how evidence is treated in the Indonesian legal system:
🔹 1. Sources of Evidence
Under KUHAP (Kitab Undang-Undang Hukum Acara Pidana), there are five types of legal evidence recognized in criminal proceedings:
Witness Testimony (Keterangan Saksi)
Expert Testimony (Keterangan Ahli)
Documents (Surat)
Indications (Petunjuk) – indirect evidence derived from other types
Accused’s Testimony (Keterangan Terdakwa)
In civil cases, evidence types are based on the Herzien Inlandsch Reglement (HIR), and they include:
Written evidence (documentary)
Witnesses
Presumptions
Confession
Oaths
🔹 2. Burden of Proof
In criminal law, the burden is on the prosecution to prove guilt beyond reasonable doubt.
In civil cases, the burden of proof lies with the party making the claim (plaintiff), following the principle “he who asserts must prove.”
🔹 3. Principles of Evidence
Some key principles include:
Legality (Legal Proof Theory): Only recognized forms of evidence can be used to prove a case.
Free Evaluation of Evidence: Judges evaluate the evidence but must still adhere to the structure laid out by the law.
Judge’s Discretion: Judges have considerable discretion in interpreting and weighing evidence, particularly in civil cases.
🔹 4. Recent Developments
Recent reforms and discussions in Indonesia have involved:
Digital and electronic evidence recognition (e.g., under the Electronic Information and Transactions Law).
Enhancements in protecting witnesses and whistleblowers (e.g., under the Witness and Victim Protection Agency/LPSK).
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