Jurnal Litigasi Amsir
Vol 12 No 4 (2025): Agustus

Analisis Hukum Terhadap Obyek Sengketa Dalam Perkara Perdata Dijadikan Barang Bukti Dalam Perkara Pidana

Phireri, Phireri (Unknown)



Article Info

Publish Date
03 Aug 2025

Abstract

This study aims to determine and understand the differences in proof in civil law and criminal law, and the legal implications of using civil dispute objects as criminal evidence. This study uses a normative research type with a legislative approach and an analytical approach. The types of legal material sources include primary, secondary, and tertiary legal materials. Legal analysis will be studied in a qualitative prescriptive manner. The results of this study show differences in proof in criminal and civil law. The main difference in proof in civil and criminal cases lies in the purpose and standard of proof. In criminal cases, proof aims to find the material truth, namely, the actual truth of a criminal event. Meanwhile, in civil cases, proof aims to find formal truth, where the judge is only bound by the evidence submitted by the parties. In addition, the differences between the two can be seen from the aspects of evidence, the role of the judge, the standard of proof of the strength of the evidence, and the assessment of proof. The use of civil dispute objects as evidence in criminal cases has legal implications that need to be considered. The subject of a civil dispute, initially the focus of a civil case, can be used as evidence in a criminal case if it involves elements of a criminal offence. However, its use as evidence must comply with applicable legal procedures and must not violate the rights of the parties involved.

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...