ALAT BUKTI PERSANGKAAN | KULIAH HUKUM ACARA PERDATA PART 13

Summary

In this lecture on civil procedure law, the instructor explains the concept of 'presumption' as a type of evidence in legal proceedings. Unlike everyday assumptions, legal presumptions are based on law or judicial conclusions drawn from facts. The instructor differentiates between presumptions established by law and those inferred by judges from the facts of a case. The examples provided illustrate how presumptions are applied, such as in divorce cases where physical separation for years can imply the impossibility of reconciliation. The lecture also discusses the importance of judges being cautious when using presumptions and ensuring they are based on solid evidence and legal principles.

Takeaways

• 😀 The discussion focuses on 'presumption' as an important form of evidence in civil procedural law.
• 😀 Presumption in law is not the same as general assumptions; it is based on conclusions drawn from facts, either by the law or the judge.
• 😀 Presumptions can be based on law or the facts of a case. In civil law, these are considered forms of indirect evidence.
• 😀 Presumption as defined in the Civil Code (Article 1150) refers to conclusions made by law or the judge from known events to understand unknown ones.
• 😀 Presumptions are not about casual guessing or conjecture but are grounded in legal frameworks or factual analysis.
• 😀 Two types of presumptions exist in civil law: those based on law and those based on facts observed in the case.
• 😀 Presumption based on law is mandatory and serves as absolute evidence, whereas presumption based on facts is discretionary and open to interpretation by the judge.
• 😀 Examples of presumptions include regular monthly payments (e.g., rent) and their documentation, such as receipts, to establish regularity.
• 😀 Judges draw conclusions from facts, such as in divorce cases, where a long separation (like living apart for years) can lead to a presumption of irreconcilability.
• 😀 Judges must be cautious when using factual presumptions, ensuring they are based on solid evidence and not merely on personal assumptions.
• 😀 The use of presumptions in civil law is more flexible than in criminal law, where evidence must be absolutely convincing and based on strong belief.

Q & A

What is the primary topic discussed in this lecture?

The primary topic is about the use of 'presumption' (persangkaan) as an evidentiary tool in civil procedural law, specifically within the context of Indonesian law.

What is meant by 'persangkaan' in civil procedural law?

In civil procedural law, 'persangkaan' refers to conclusions drawn by law or judges from a known event to infer an unknown event. It is not about personal assumptions but legal conclusions based on facts.

How is 'persangkaan' different from ordinary assumptions or suspicions?

Unlike common assumptions or suspicions, 'persangkaan' in law is based on legal provisions and concrete facts presented during a trial, not mere speculation.

Can you provide an example of how 'persangkaan' works in civil cases?

An example would be a routine payment in a lease agreement. If payments are made regularly for three consecutive months and supported by receipts, the court may infer that payments are consistently made, which is used as a legal conclusion in the case.

What are the two types of 'persangkaan' discussed in the lecture?

The two types of 'persangkaan' discussed are 'persangkaan based on law' (undang-undang) and 'persangkaan based on facts' (kenyataan). The first is governed by legal provisions, while the second is drawn from evidence presented during a trial.

What does 'persangkaan' based on law refer to?

'Persangkaan' based on law refers to legal presumptions explicitly stated in statutes, which judges must apply to infer certain facts from known events.

What is the role of the judge in applying 'persangkaan'?

The judge’s role is to draw conclusions from the facts and events presented during the trial, using legal guidelines to determine what presumption can be made, especially when direct evidence is not available.

What is the significance of 'persangkaan' in a divorce case?

In a divorce case, 'persangkaan' based on facts can be used to infer that a marriage is beyond reconciliation, for example, when the couple has been separated for many years, which can be used to support the grounds for divorce.

What is the difference between 'mutlak' and 'bebas' in terms of presumptions?

'Mutlak' refers to a legal presumption based on the law, which is mandatory and cannot be disputed. 'Bebas,' on the other hand, refers to a presumption based on facts, which is more flexible and can be disputed or ignored by the judge if it doesn’t align with other facts.

How must a judge apply 'persangkaan' to ensure fairness and objectivity?

A judge must apply 'persangkaan' carefully and only when it is crucial to the case. The application must align with existing laws and must be based on well-supported facts, ensuring the process remains fair and objective, avoiding personal assumptions or biases.