Asas asas hukum pembuktian

Summary

This video lecture explores key principles of evidence law in civil litigation, focusing on Indonesian legal concepts. The speaker outlines essential doctrines such as the need for judges to hear both parties (Audi Alteram Partem), the obligation of the claimant to prove their case (Actori Incumbit Probatio), and the prohibition against judges ruling beyond the claims presented (Ultra Petita). Other discussed principles include the right to objectivity, limits on transferring rights (Nemo Plus Iuris), and the importance of credible witnesses. The lecture offers a comprehensive understanding of how these rules ensure fairness and consistency in civil legal proceedings.

Takeaways

• 😀 Judges must hear both parties involved in a case before making a ruling (Asas Audi Alteram Partem).
• 😀 A judge is assumed to understand the law and is responsible for evaluating the facts presented in court (Asas Iura Novit Curia).
• 😀 Judges must not rule on issues that are not explicitly requested by the parties involved (Asas Ultra Petita).
• 😀 Personal preferences or tastes are not subject to legal disputes (Asas De Gustibus Non Est Disputandum).
• 😀 A person cannot transfer legal rights they do not have to another party (Asas Nemo Plus Iuris Ad Alium Transferre Potest, Quam Ipse Haberet).
• 😀 A party involved in a case cannot serve as a witness in that same case (Asas Nemo Testis In Re Propria Testificari Potest).
• 😀 Negative statements or facts do not need to be proven in court (Asas Negativa Non Probanda).
• 😀 A judge's decision should always be based on the evidence presented by both sides, and they must remain impartial (related to Asas Audi Alteram Partem).
• 😀 A judge is obligated to find and apply the law, even if there is no clear legal precedent, through methods such as analogy or interpretation (Asas Iura Novit Curia).
• 😀 In civil procedure, judges cannot award more than what is requested by the claimant, ensuring decisions are within the scope of the claim (Asas Ultra Petita).

Q & A

What is the principle of 'Audi Alteram Partem' in evidence law?

'Audi Alteram Partem' means that a judge must listen to both sides in a case before making a decision. The judge should not base the judgment solely on the evidence of one party, ensuring fairness in the process.

What happens in cases of 'first-instance' where the defendant is absent?

In cases where the defendant is absent ('first-instance'), the judge still must base the decision on the evidence presented by the plaintiff. However, the case is not automatically ruled in favor of the plaintiff; it depends on the evidence provided.

What does 'Iura Novit Curia' mean and how does it apply to judges?

'Iura Novit Curia' means that the judge is assumed to have knowledge of the law. Therefore, the judge is responsible for evaluating the evidence presented, even if it involves legal interpretations or analogies.

Why is it crucial for judges to adhere to the principle of 'Ultra Petita'?

'Ultra Petita' ensures that a judge cannot decide a case by awarding more than what was requested by the parties. For example, if a plaintiff requests 100 million in damages, the judge cannot award more than what was asked.

How does the principle 'De Gustibus Non Disputandum' apply in legal cases?

'De Gustibus Non Disputandum' means that personal preferences or tastes cannot be litigated. For instance, a defendant’s admission of owing money is legally binding, even if the debt did not exist.

What is the 'Nemo Plus Iuris' principle and why is it important?

'Nemo Plus Iuris' means that a person cannot transfer rights they do not own. In legal matters, this principle ensures that no one can claim rights over property or assets they don’t have legal ownership of.

What does the principle 'Nemo Testis' state about parties in a lawsuit?

'Nemo Testis' states that a party involved in a lawsuit cannot serve as a witness in the same case. This principle prevents bias and ensures that testimony remains objective and impartial.

How does 'Negativa Non Probanda' affect the burden of proof in legal cases?

'Negativa Non Probanda' states that a negative statement, such as denying something or claiming non-existence, does not need to be proven unless it is explicitly contested. This principle simplifies the legal process by not requiring evidence for every negative assertion.

What role do judges play in the principle of 'Iura Novit Curia'?

Under 'Iura Novit Curia', judges are expected to interpret and apply the law based on their legal knowledge. They are responsible for determining the legality of claims and interpreting ambiguous legal issues, ensuring that cases are decided justly.

How does the principle of 'Ultra Petita' relate to the concept of legal limits in civil cases?

'Ultra Petita' ensures that judges do not exceed the legal limits of the parties' requests. This protects the parties from unjust decisions where the judge might provide relief or impose penalties beyond what was originally requested or proven.