Legal Literacy - This article discusses the Theory of Civil Evidence. Let's take a look at what are the theories of civil evidence.

Theory of Civil Evidence: Negativa Non Sunt Probanda

This theory of civil evidence departs from the principle of the burden of proof “Negativa non sunt probanda”, a principle which states that something negative in nature is difficult to prove, so adherents of this theory state that whoever puts forward something is the one who must prove it, so it is not the accused party who proves it. Because this theory is merely reinforcing, some legal experts also call it the name “teori bloot airmatif” including Asser-Anema-Verdam and also Prof. Dr. R.M. Sudikno Mertokusumo, S.H.

Today there are no more adherents of the theory of “Negativa non sunt probanda”. Because with this theory, it is almost always the plaintiff who is burdened with proof. This first theory assumes that something negative in nature is beyond the limits of what can be proven, therefore according to the adage: Ultra posse nemo obli gatur (no one is obliged to do more than they are capable of), so the person who states/puts forward something is the one who must be burdened with proof. Of course, that theory is not always true in every case.