Tips for the Lawyers & Tax Consultants Who only Have A Copy For Court Evidence

In our previous article, we talked about the allegation or presumption as one proof of evidence, and Today we want to share papers in the form of copies as evidence. Article 164 of the Indonesian Civil Code Procedure (HIR) mentioned:

Proof evidence is as follows:

– Papers

– Witnesses

– Allegation or Conjecture

– Confession

– Oath

 

Likewise, proof evidence according to article 1866 Indonesian Civil Code is as follows:

 

The evidence consists of:

– written evidence;

– evidence by witnesses;

– Allegation or conjectures;

– Confession; and

– Oath.

 

But what if the written pieces of evidence that we have only a copy or digital signature or copy of the certificate of ownership of the Land (Hak Milik) without the original document?

 

Yahya Harahap, former Supreme Court judge, in his book, “Hukum Acara Perdata” page 622, reveals;… However, no provision and regulations consider the copy of documents as evidence unless the authentic one is also tested before the judges.

 

The Supreme Court Verdict No.3609.K/Pdt/1985, dated 9 September 1987, held: “written evidence in the form of copy without the authentic, shall be put aside as evidence.” As the Supreme Court Verdict No.3609 K/Pdt/1995, dated 9 December 1995, stated, “the evidence document delivered to the judges without showing the original shall not be considered as evidence.”

 

Tips and alternative Solutions 

 

if we only have copies  of the document, such as  a copy of the certificate of ownership of the land, a copy of the diploma, or a copy of the deed of marriage, here is what we can do::

1. Seek letters from the National land Agency (BPN) declaring that we are indeed the owner of the plot of the Land registered and recorded in the Registered Book of BPN.submmit it together with the copy of the certificate.
2. if we lose a copy of the diploma certificate, seek the letter of notification from the principal with the record of your certificate or department of education. If possible, take him as a witness to testify before the judge. 
3. if you lose your marriage certificate, seek a letter of notification from the temple, church, or others, and after that, legalize before the notary (waarmerking) and show it off along with a family card (Kartu Keluarga), a photo of your marriage, as additional written evidence before the judge

 

For instance, in the Case of Syafnil against  PT. Caltex Pacific Indonesia

 

Supreme Court Verdict No.2191 K/Pdt/2002 dated 14 March 2001, held: 

 

Notwithstanding PT, Caltex Pacific Indonesia as the  Defendant, could not display the original certificate of right to use the land (Hak Pakai) No.75. Still, the defendant also submitted the letter of notification from the Office of the National Land Agency of Dumai. Therefore the court concluded that the copy of the certification could be accepted as evidence.