VIOLATION OF THE LAW OF EVIDENCE
The judex facti’s decision was canceled by the Supreme Court in the cassation examination because the judex facti was wrong in applying the evidentiary law, namely:
the Judex facti only considered the letters of evidence submitted by the Defendant. Such process of court proceeding violates and is not in accordance with the procedural principles that Judex facti must adhere to, namely: the principle of audi et alteram
partem.
→ Supreme Court Decision No. 214 K/TUN/1999, dated 26 July 2000.
Source:
Collection of Rules of Law of the Supreme Court of the Republic of Indonesia Years 1953 – 2008 Based on the Classification, by Hulman Panjaitan, S.H., M.H., Page
69.
Best regards
Fredrik J. Pinakunary
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