PERBANDINGAN KEKUATAN PEMBUKTIAN AKTA OTENTIK DALAM PERKARA PERDATA DAN PERKARA PIDANA

Abstract

Authentic deeds as perfect evidence (volledig bewijskracht) and binding (bindende bewijskracht), so that authentic deeds can stand alone without the support of other evidence. This study analyzed the differences in the power of authentic authentic deeds in civil and criminal cases and the power to prove authentic deeds in criminal cases still requires other evidence to determine their perfection. The research method used normative legal research while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the evidentiary law is not an orderly system. The strength or weakness of evidence in evidence depends on the evidentiary parameters used in each court, both civil and criminal. The difference in the parameters in proof is what distinguishes the power of the law of authentic proof of deed in criminal and civil cases. Regarding the value of authentic deed perfection in criminal cases, the authors conclude that, the power of proof of authentic deed is not of perfect value and does not bind judges, so authentic deeds in criminal cases cannot stand alone and require other evidence for judges in making decisions