Today’s Legal Enlightenment (Friday, 05 August 2022) – THE DECISION WAS WRONG IN APPLYING THE LAW OF PROOF BECAUSE IT IS NOT IN LINE WITH THE PRINCIPLE OF AUDI ET ALTERAM PARTEM.

The Judex Factie PTUN decision and the PTTUN decision have been annulled in the cassation examination because, in its decision, the Judex Factie only considered the documents of evidence submitted by the Defendant. The Judex Factie a quo decision was wrong in applying the law of proof in the court proceedings because it is not in line with the principle of audi et alteram partem.

–       Supreme Court Decision No. 214 K/TUN/1999, 26 July 2000

Source: Book written by Dr. Albert Aries, S.H., M.H., entitled Law of Proof, Theory, Principles & Jurisprudence

Regards,

Fredrik J. Pinakunary