PERANAN ALAT BUKTI DALAM HUKUM ACARA PERADILAN

Abstract

The legal system of evidence established in Indonesia is a closed and limited system in which the parties are not free to submit any type or form of evidence in the settlement process of the case. The law has clearly defined what is legitimate and valuable as evidence. The limitation of freedom also applies to judges in which the judge is not free and freely accepts whatever the parties have proposed as evidence. If the litigant submits evidence outside the provisions contained in the regulating law, the judge shall refuse and dismiss him in the settlement of the case. In the case process of the five evidences that can be submitted, written evidence is the preferred means of evidence, because the character of the case and the legal act itself is formal. Any formal legal action expressed in writing which is done in a clear and concrete manner in order to realize the law of civil procedure as stipulated in the Civil Code and in order to provide the legal force to guarantee the rights of a person.