The Law of Evidence is the most important and complex part of the litigation process because proof is related to the ability to assemble or construct past events or events as truth. However, the truth that is sought in the legal system is very different from the truth in the criminal law system, in the civil legal system of proof the truth is very relatively even very close to the possibility (probable) but to find and get the truth is still very difficult, this is due to several factors:

 

1. Adversial System Factors
   in this system, it requires giving the same rights to the parties in a litigation in accordance with the principles of audiatur et altera pars or eines mannes rede ist keines mannes rede, as well as giving the right to argue with each other in accordance with adversarial proceedings.
2. Judges who are passive
   In principle, the position of the judge in the evidentiary process is passive in the sense that he is not active in seeking and discovering the truth beyond what is presented in court.
3. Evidence and Facts
   Seeking and finding the truth is getting weaker and more difficult because the facts and evidence submitted by the parties are not analyzed and assessed by experts.

General Principles of Proof of Civil Law

what is meant by the general principle of proof is the basis for the application of proof in which all parties including the judge must adhere to the standards outlined by that principle.

Here are some general principles of proof:

1. Proof of Seeking and Manifesting Formal Truth The proof
   system adopted by civil procedural law is not negative in nature according to law (Negative Wettelijk Stelsel) such as in the criminal procedural law examination process, which must be proven based on evidence that reaches the minimum limit of proof, namely at least two valid evidence and meet the formal and material requirements. Besides reaching the minimum limit, it must also be based on the judge’s conviction, this is the proof system adopted by Article 183 KUHAP. There are different things in the civil court process where the truth that is sought and realized by the judge is only the formal truth, this is confirmed in the Supreme Court decision no.3136k / pdt / 1983.
2. Acknowledgment Ending Case Audit
   In principle, case examination ends when one of the parties provides a comprehensive acknowledgment of the subject matter of the case. If the defendant admits unanimously and purely on the subject matter argued by the plaintiff, it is deemed that the disputed case has been resolved, this is in line with the provisions of article 164 HIR.284 RBG jo. Article 1866 of the Civil Code, where one of the evidence in the civil procedural law is recognition.

Evidence in Civil Procedure Law
Based on article 164 64 HIR / 284 RBG Jo. Article 1866 of the Civil Code states that in civil procedural law the hierarchy of evidence is:

1. Written
2. Evidence
3. Witness
4. Evidence
5. Prejudice
6. Recognition
7. Oath