Literacy Law - The principle of evidence in civil procedure law is to reveal formal truth. In reality, documentary evidence is the primary evidence. It is interesting to examine the position or legal force of an affidavit when used as evidence in civil proceedings.
Evidence in Civil Procedure Law
In the trial of a civil case in the District Court, evidence is a very important and crucial agenda item. The litigating parties must make the most of it to convince the Panel of Judges presiding over the case. The Plaintiff will try as hard as possible to prove their arguments, while the Defendant will try as hard as possible to refute them.
In the evidence agenda, each party will present evidence to the Panel of Judges presiding over the case. From the evidence presented, the Panel of Judges will know with certainty and clarity the truth and the actual facts. However, it must be remembered that the evidence submitted must comply with the applicable legal requirements.
Civil Procedure Law in Indonesia generally refers to Herzien Inlandsch Reglement (HIR), Rechtreglement voor de Buitengewesten (RBg), and Burgerlijk Wetboek (BW). In addition, it can also refer to regulations and Circular Letters issued or published by the Supreme Court of the Republic of Indonesia in the form of Supreme Court Regulations (Perma) and Supreme Court Circular Letters (SEMA). Indonesia itself does not yet have a national Civil Procedure Law, so the presence of Perma and SEMA is expected to be a temporary solution to various matters whose provisions have not been regulated in HIR, RBg, or BW.
HIR has limitedly regulated the evidence that can be presented in the evidence agenda. Article 164 of HIR as quoted by Retnowulan Sutantio and Iskandar Oeripkartawinata in the book Law Civil Procedure in Theory and Practice mentions 5 types of evidence that can be presented in a civil case: documentary evidence, witnesses, presumptions, confessions, and oaths.
Documentary evidence is the most important evidence. Quoting the opinion of Sudikno Mertokusumo, a letter is anything that includes punctuation marks and contains the intention to express feelings or convey thoughts from someone. The letter itself can also be in the form of an authentic deed made before an authorized official in accordance with the provisions of applicable laws and regulations and a private deed.
A witness, in general terms, is oral testimony from a third party who is not a party to the case. Witness testimony is like information for the panel of judges to help understand the case being tried.
Presumptions with reference to Article 1915 of the Civil Code are conclusions drawn by law or by judges from a known event towards an unknown event. Furthermore, acknowledgment is a statement in written or oral form from one of the litigating parties which contains an affirmation of the opposing party's argument, either in part or in whole. As for oaths, they are statements made formally and with testimony to God.
Affidavit as a Form of Documentary Evidence
The question that then arises is what is the position of an affidavit in the perspective of the law of evidence. In what sense is an affidavit categorized as witness/expert testimony or documentary evidence when presented in a trial.
In general terms, an affidavit is a written statement in the form of a letter, whether made privately or before a notary, containing a statement regarding a specific matter. If one observes this definition, an affidavit has the potential to be assessed as written/documentary evidence (Article 1868 of the Civil Code), witness evidence (Article 1907 of the Civil Code), and oath evidence (Article 1939 of the Civil Code).
The Supreme Court Decision Number 38 K/Sip/1954 categorizes an affidavit as documentary evidence, not witness evidence. In practice, when observing several Decisions of the District Court, High Court, or Supreme Court of the Republic of Indonesia, it can be seen that affidavits tend to be categorized as documentary evidence.
For example in civil cases a breach of contract lawsuit as referred to in the Supreme Court of the Republic of Indonesia Decision Number 139 K/Pdt/2014 dated July 17, 2014 jo. Surabaya District Court Decision Number 75/Pdt.G/2012/PN.Sby., dated August 29, 2012, the Plaintiff submitted evidence in the form of a Copy of the Testimony Statement Deed Number 1 dated April 23, 2012, issued by Wimpy Kurniawan, S.H., M.Kn., Notary in Kediri. The Statement Deed is categorized as affidavit because it is a written statement made under oath and before an authorized official, in this case, a Notary.
Likewise, with the civil case of unlawful act lawsuit as referred to in the Makassar High Court Decision Number: 139 K/Pdt/2014 dated March 31, 2016 jo. Makassar District Court Decision Number: 282/Pdt.G/2014/PN.Mks, dated July 13, 2015, where the Defendant submitted evidence in the form of a written statement from Haji Keke Daeng Siga Sibonatang Bin Sabontang as the only living brother of Sani Binti Sabontang and Salika Binti Sabontang, which statement was given under oath of the Koran before a Notary official. This written statement can also be categorized as an affidavit because it is a written statement made under oath and before an authorized official, in this case, a Notary.
In conclusion, an affidavit can be used as evidence in a civil case trial. In practice, affidavits tend to be interpreted as documentary evidence; therefore, the Panel of Judges presiding over a civil case should consider it to more clearly reveal the formal truth of the case.
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