COURT DECISIONS MUST CONSIDER THE EVIDENCE OF BOTH PARTIES

“The decisions of the Cassation and High Court which do not consider the evidence of both parties are insufficient and must be annulled”;

Article 164 HIR:

Valid evidence according to civil procedural law consists of:

1. Letter;

2. Witnesses;

3. Estimate;

4. Recognition; And

5. Oath.

Article 184 Paragraph (1) KUHAP:

Witness statements, expert statements, letters, instructions and statements from the Defendant.

–> Supreme Court Decision No. 903 K/Sip/1972 dated 10 October 1974.

Source:

Varia Peradilan No. 317, April 2012, Page 196.