Reconstruction of Evidence Regulations in Civil Jurisdiction Based on Justice Value

Abstract

The aims of this research are to analyze the weaknesses that exist in evidentiary regulations in civil courts and how to reconstruct evidentiary constraints in civil justice based on the value of justice. This research uses a constructivist paradigm, with a social legal research approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The results of this research show that in evidentiary regulations in civil courts in Indonesia, judges are bound by valid evidence, which means that judges are only allowed to make decisions (impose decisions) based on evidence determined by law only, and From a formal juridical point of view, electronic document law has not been strictly regulated in the Civil Procedure Code so that it has not had the value of justice, namely the normalization of Articles 163 and 164 HIR and Articles 283 and 284 RBg., has not provided justice values in the evidentiary system. Current weaknesses in evidentiary regulations in civil court include weaknesses in the context of legal substance, legal structure, and legal culture, therefore it is necessary to reconstruct the provisions in Article 164 HIR or 284 RBg with the need for arrangements regarding electronic evidence, which has been validated and the strength is the same as documentary evidence. Then in Article 163 HIR/Article 283 RBg there needs to be an arrangement so that Electronic Information and Electronic Documents submitted by litigants must come from an Electronic System that meets the requirements based on Legislation In contrast, where the implication is to provide a new idea related to evidentiary regulations in civil courts based on the value of justice.