(Tuesday, 8 November 2022)

RECONSIDERING WITNESS DE AUDITU AS A MEANS OF EVIDENCE

(Practical Approach of Jurisprudence in the Civil Law System)

Testimonium de auditu is a testimony given by a witness constituting a means of evidence to complete the minimum limit of unus testis nullus testis, as stated by Supreme Court Decision No. 818 K/Sip/1983 dated 13 August 1984. The decision states that a testimonium de auditu is a statement that can be used to corroborate the testimony of ordinary witnesses. In one case, one out of three witnesses directly participated in a sale and purchase transaction, while the second and third witnesses did not and were only qualified as de auditu witnesses. However, even so, it turned out that the testimony they presented was based on knowledge directly sourced from the defendant themself. Based on these facts, the Supreme Court opines that their statements can be used as evidence to corroborate the testimony of a witness.

Source:

Varia Peradilan No. 319, June 2012, page 96

Best regards,

Fredrik J. Pinakunary