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All Journal Journal of Multidisciplinary Inquiry in Science, Technology and Educational Research
Tri Ramadhani , Anggun
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Humanities Economics, Econometrics & Finance Education Social Sciences Other

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Analisis Saksi Sebagai Alat Bukti dalam Perkara Wanprestasi dan Kekuatan Pembuktiannya Berdasarkan Hukum Positif Indonesia Tri Ramadhani , Anggun
Journal of Multidisciplinary Inquiry in Science, Technology and Educational Research Vol. 2 No. 1b (2025): NOVEMBER 2024 - JANUARI 2025 (TAMBAHAN)
Publisher : UNIVERSITAS SERAMBI MEKKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32672/mister.v2i1b.2532

Abstract

Evidence is a statement of rights or events in the trial that must be proven. Evidence in civil procedure law is regulated in HIR and Burgerlijk Wetboek or Civil Code book IV. Legal evidence recognized in civil procedure law is regulated in Article 164 HIR, Article 283 Rbg, and Article 1866 of the Civil Code which consists of written evidence, witnesses, testimony, confessions, and oaths. In proving with evidence in the form of witnesses, at least two witnesses must be supported. The role of witnesses in criminal cases is very important to uncover and expose crimes. From the investigation stage to the proof at trial, the role of witnesses is often a determining factor in the success of disclosing a case. Their testimony, which is considered as the main evidence of the five legal evidence according to Article 184 of the Criminal Procedure Code, is very important in the legal process. In proving civil cases, letters are the most important evidence. This is different from criminal cases, where witnesses play the main role as evidence. However, currently in civil cases, the main focus should be the pursuit of material truth over formal truth.
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