CD Skripsi
Perbandingan Metode Pembuktian Hukum Acara Perdata Antara Indonesia Dengan Singapura
ABSTRACT
Evidence is an effort to present evidence that is valid according to the law to the judge who examines the case in order to provide certainty about the truth of an event that is presented, and evidence is the basis for the judge in deciding the case. The purpose of this study is to analyze the evidence and authentication procedures for electronic evidence in the Indonesian Civil Procedure Law. This writing will also compare the regulation and application of electronic evidence in Singapore.
The research method used is the juridical-normative method with a qualitative approach. The approach taken is a comparative legal approach, a statutory approach and an analytical approach. Data will be obtained from literature review to obtain primary legal materials, secondary legal materials and tertiary legal materials. The data is analyzed in a qualitative way by descriptively describing the data that has been obtained then in terms of drawing conclusions using the deductive method to get answers to problems.
The results of this study consist of three conclusions: Indonesian adheres to a civil law system while Singapore adheres to common law system. Similarities include both countries' recognition of written documents, witness testimony and the use of electronic evidence. Meanwhile, the differences include Indonesia's evidentiary arrangements are regulated in a restrictive manner and Singapore's are scattered in jurisprudence, Indonesia's Civil Procedure Law regulates the type of evidence in authentic instruments and instruments under the hand while Singapore does not set limits on the type of documentary evidence, in Indonesia related to witness testimony must be done orally before the trial while Singapore witness testimony can be done by making an affidavit, Indonesia regulates the groups that are prohibited from being a witness contained in Article 145 HIR while Singapore does not regulate the prohibition in giving testimony, and Singapore recognises electronic evidence in material law and formal law while Indonesia recognises only in material law. Then, the advantages of Singapore and the disadvantages of Indonesia in the evidentiary rules between the two countries can be seen from 3 (three) aspects, namely the legal basis, the regulation of electronic evidence and the admissibility of electronic evidence. Procedures for the authentication of electronic evidence in Singapore include the agreement of the parties through a procedure agreed upon by the parties, evidenced by an affidavit and a certificate from the system operator. Indonesia, meanwhile, applies measures such as digital forensic evaluation and evidence integrity through chain of custody.
Keywords: Comparison, Proof, Evidence, Electronic Evidence
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