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Journal articles on the topic 'Evidentiary power'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Ferdiani, Devi, Bambang Waluyo, and Handar Subhandi Bakhtiar. "The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases." Journal of Law and Regulation Governance 2, no. 05 (2024): 198–207. http://dx.doi.org/10.57185/jlarg.v2i2.49.

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The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to add

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2

Iswari, Katrin Yogi, Pelangi Adzania, Rizka Novilawati, and Tetti Samosir. "Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law." JURNAL AKTA 11, no. 3 (2024): 662. https://doi.org/10.30659/akta.v11i3.39750.

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The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also co

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Syaiful Bahri, Moh. Zeinudin, and Miftahul Munir. "Recognition of Electronic Signatures in Proving Civil Procedure Law in Indonesia." International Journal of Law, Crime and Justice 1, no. 3 (2024): 63–81. http://dx.doi.org/10.62951/ijlcj.v1i3.131.

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This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transacti

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WU, Chunxu. "Miao Chong v. SAIC-GM: The Dawn of the Private Enforcement of Chinese Anti-Monopoly Law?" World Competition 47, Issue 3 (2024): 351–78. http://dx.doi.org/10.54648/woco2024021.

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Global antitrust experiences have demonstrated that plaintiffs are frequently faced with evidentiary difficulties in the private enforcement of competition law, and China is no exception. In Miao Chong v. SAIC-GM, the Supreme People’s Court (SPC) of China, for the first time ever, affirmed the presumption of the truthfulness of the facts established in antitrust infringement decisions in the private enforcement of competition law, which is believed to relieve the plaintiff’s burden of proof in establishing damages claims. However, the Miao Chong ruling should not be overstated because the appl

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Cahyadi, Arvin Bintang, Muhammad Reza Afdilla Hasibuan, and Tetti Samosir. "The Evidential Power of Notarial Deeds in Land Disputes between Certificate Owners and Land Cultivators." JURNAL AKTA 12, no. 2 (2025): 608. https://doi.org/10.30659/akta.v12i2.45306.

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This study aims to analyze the evidentiary power of notarial deeds in land disputes between certificate owners and land cultivators. Notarial deeds are authentic evidence that legally have perfect evidentiary power, especially when they form the basis for the transfer of registered land rights. However, in practice, there are often clashes between the strength of administrative evidence and physical control by the cultivator. This study uses normative and empirical legal methods with a qualitative approach. Data were obtained through literature studies, document studies, and analysis of court

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Rizka Saraswati Malinda, Budi Parmono, and Sunardi. "Notary's Responsibility for Authentic Deeds Made With Forged Letter ( Case Study Decision No. 933 K/ Pid / 2023)." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2702–6. https://doi.org/10.38035/jlph.v5i4.1606.

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Accountability Notary Public to deed authentic made with letter false often found that makes Notary Public face to face with problem law . article This use The approach method used in this study is the Normative Juridical approach method because the main data used is secondary data, namely data obtained based on literature studies, related regulations, and publications from related parties . The following are results analysis from writing article This namely , a Notarial Deed that has perfect evidentiary power, but if it violates certain provisions, its evidentiary value will be degraded to ha

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7

Amanda, Dina. "The Notary's Responsibility For The Position of Fictitious Instrumental Witnesses in Authentic Deeds From The Perspective of The Notary Position Act." Journal Research of Social Science, Economics, and Management 4, no. 11 (2025): 1632–44. https://doi.org/10.59141/jrssem.v4i11.857.

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An authentic deed is a written document made by a public official such as a notary, possessing perfect and binding evidentiary power under Indonesian law. This deed provides legal certainty through formal, material, and external proof in accordance with the provisions of the Notary Law (UUJN), including the presence of actual instrumental witnesses. However, the inclusion of fictitious instrumental witnesses can undermine the deed’s validity, reducing its evidentiary power to that of a private deed and potentially leading to its legal annulment. Such violations not only damage public trust and

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8

Gunarto, Gunarto, Yusri Yusri, and Sri Kusriyah. "Reconstruction of Evidence Regulations in Civil Jurisdiction Based on Justice Value." Scholars International Journal of Law, Crime and Justice 6, no. 08 (2023): 447–52. http://dx.doi.org/10.36348/sijlcj.2023.v06i08.008.

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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)

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9

Noor, Aslan, Bekawita Wassir, Ira Anggraini, and Erlin Rahmaniah. "Implications of the Use of Electronic Certificates in Proving Land Rights According to the Civil Procedure Law." Electronic Journal of Education, Social Economics and Technology 5, no. 2 (2024): 276–81. https://doi.org/10.33122/ejeset.v5i2.266.

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The development of digital technology has encouraged reforms in land administration in Indonesia, one of which is the application of electronic certificates as evidence of land rights. The use of electronic certificates aims to increase efficiency, transparency, and legal certainty in the process of proving in court. This study aims to analyse the legal validity and practical aspects of the use of electronic certificates in the process of proving land rights according to civil procedural law. The study is based on several key regulations, including the Basic Agrarian Law (UUPA), Government Reg

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10

Stefin, Adie Marthin. "PERBANDINGAN KEKUATAN PEMBUKTIAN AKTA OTENTIK DALAM PERKARA PERDATA DAN PERKARA PIDANA." JURTAMA 1, no. 1 (2019): 12–24. http://dx.doi.org/10.31090/jurtama.v1i1.801.

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Authentic deeds as perfect evidence (volledig bewijskracht) and binding (bindende bewijskracht), so that authentic deeds can stand alone without the support of other evidence. This study analyzed the differences in the power of authentic authentic deeds in civil and criminal cases and the power to prove authentic deeds in criminal cases still requires other evidence to determine their perfection. The research method used normative legal research while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the evidentiary law i

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Nugroho, Kurnia Aji. "Tinjauan Yuridis terhadap Pemeriksaaan Saksi dalam Perkara Pidana pada Persidangan secara Teleconference di Masa Pandemi Covid-19." MLJ Merdeka Law Journal 3, no. 2 (2022): 89–99. http://dx.doi.org/10.26905/mlj.v3i2.9213.

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This study aims to examine the validity of remote witness examination (teleconference) at trials during the Covid-19 pandemic and the evidentiary power of remote witness examination (teleconference) at court hearings. This study uses normative legal research methods. The results showed that the use of teleconferences in criminal trials is legal / valid in order to obtain material truth, by applying the provisions of the Criminal Procedure Code in principle not violating the provisions of the applicable Law and as long as the witness meets the following conditions: a) Witnesses must first take

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12

Eckes, Christina. "EU Human Rights Sanctions Regime: Striving for Utopia Backed by Sovereign Power?" European Foreign Affairs Review 26, Issue 2 (2021): 219–42. http://dx.doi.org/10.54648/eerr2021017.

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On 7 December 2020, the EU Foreign Affairs Council adopted an ‘EU Global Human Rights Sanctions Regime’ (EU HRSR). The objective of the EU HRSR is to give the EU to a flexible tool to address serious human rights violations and abuses worldwide. This article starts from the position that setting up an EU HRSR serves a noble objective. The EU HRSR could be desirable tool to flexibly confront those with consequences that commit serious human rights violations. Yet, it would crucially need to comply with human rights itself. This is not a small feat to accomplish. Much hinges on the listing and d

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Putri, Prima Resi, Elyana Novira, Febrina Annisa, and Dwi Astuti Palupi. "AUTHORITY OF NOTARY IN LEGALIZING THE UNDER-HAND AGREEMENT DEED: EXAMINING RESPONSIBILITY AND LEGAL CONSEQUENCES." IBLAM LAW REVIEW 4, no. 1 (2024): 378–87. http://dx.doi.org/10.52249/ilr.v4i1.337.

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This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agree

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14

Eunice, Sharon. "Kedudukan Akta Di Bawah Tangan Yang Membatalkan Akta Notariil." SAPIENTIA ET VIRTUS 4, no. 1 (2019): 66–81. http://dx.doi.org/10.37477/sev.v4i1.188.

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This article aims to determine the position of the privately made deed and notarial deed. In this case, the District Court Decision Number 738 / Pdt.6 / 2016 / PN.Sby stated that the deed of sale and purchase was canceled between Mrs. Hierawati and Mrs. Maria Magda. The District Court's decision is corroborated by the Decision of the High Court Number 83 / PDT / 2018 / PT. SBY. A sale and purchase deed from a notary is an authentic deed that has perfect and binding proof power (Article 1867 KUHPer), while the evidentiary power of a privately made deed is lost if denied by the party. In this ca

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Rumadanu, Friko, and Benny Djaja. "Analysis of Legal Certainty and Proof Strength of Deeds Cyber Notary." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 11 (2023): 1359–68. http://dx.doi.org/10.57096/edunity.v2i11.173.

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The phenomenon of authentic deeds in digital form which is a product of cyber notary It is interesting for the author to analyze the aspects of legal certainty that will be obtained by the parties listed in the deed and the extent to which the deed has evidentiary power in the eyes of the law in force in Indonesia. The problem that will be analyzed in this research is legal certainty and the strength of deed evidence notary. This research aims to determine the legal certainty and evidentiary strength of the deeds made by notary. The research method used in this research is normative juridical

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Septian, Andi Nugroho, and Taruno Muryanto Yudho. "Legal Review of Cooperation Links Between Notary and Banks with the Provisions of Article 16 Paragraph (1) Letter (A) of Law Number 2 of 2014 Concerning Amendment to Law Number 30 of 2004 Concerning the Position of Notary." INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH IN MULTIDISCIPLINARY EDUCATION 02, no. 09 (2023): 420–25. https://doi.org/10.5281/zenodo.8369215.

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The role of the Notary is very important in helping to create legal certainty and protection for the community, because the Notary as a public official has the authority to make authentic deeds, as long as the making of the authentic deed is not specific to other public officials. Legal certainty and protection can be seen through the authentic deed he made as perfect evidence in court. Perfect evidence because an authentic deed has three evidentiary powers, namely outward evidentiary strength (uitwendige bewijsracht), formal evidentiary power (formele bewijskracht) and material evidentiary po

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17

Adjie, Habib. "A Proposal: The Beginning of a Notary Deed for Sharia Banking Deals." ENDLESS : International Journal of Future Studies 4, no. 1 (2021): 168–77. http://dx.doi.org/10.54783/endless.v4i1.134.

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A Notary Deed, if made with a Notary deed, must still be based on the provisions of Article 38 Notary Position Act as a formal requirement that must be fulfilled so that the deed is legally valid. If the deed is not implemented by Article 38 Assignment of Mortgage Rights, there has a sanction based on the provisions of Article 41 Notary Position Act. It is emphasised that the violation of the provisions of Article 38 Notary Position Act will result in the deed only having the value of evidentiary power as an underhand. Such a deed has its position degraded from an authentic deed to have the va

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18

Badurowicz, Karolina. "Consequences of submitting only copies of documents to the case file – a commentary on the judgment of the Court of Appeals in Lublin of 29 November 2023, III AUa 1095/22." Glosa. Prawo Gospodarcze w Orzeczeniach i Komentarzach 1 (April 11, 2025): 9–17. https://doi.org/10.17951/glosa.2025.1.9-17.

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In the decision under review, the Court of Appeals in Lublin addressed the issue of the consequences of the submission by a party to the proceedings to the evidence of the case only copies of documents, and not their originals. There is no doubt that the subject of multiplication of documents has already been the subject of case law on many occasions, and the evidentiary power of copies of documents has already been clearly defined. What is significant, however, is that the judgment under review does not only address the issue of the status of a copy of a document and its evidentiary power, bu

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Farhan Agil, Heriyanto Heriyanto, and Fathorrahman Fathorrahman. "Analisis Penyelesaian Sengketa Kepemilikan Tanah di Desa Patemon Kecamatan Tlogosari Kabupaten Bondowoso." Referendum : Jurnal Hukum Perdata dan Pidana 1, no. 3 (2024): 179–95. http://dx.doi.org/10.62383/referendum.v1i3.241.

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Land ownership disputes are a common issue in Indonesia, particularly considering that land is a highly valuable asset for the community. Conflicts related to land ownership not only impact individuals but can also trigger disputes involving communities and families. The Certificate of Ownership Rights (SHM) serves as legal proof of land ownership and plays a crucial role in resolving disputes. This study aims to analyze the evidentiary strength of SHM in resolving land disputes in Bondowoso Regency. By using normative legal research methods, this study explores the role of SHM within the cont

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20

Goos, Lisa M. "Imprinting and psychiatric genetics: Beware the diagnostic phenotype." Behavioral and Brain Sciences 31, no. 3 (2008): 270–71. http://dx.doi.org/10.1017/s0140525x08004317.

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AbstractStudies of the role of imprinted genes in psychological phenomena are long overdue. The target article is comprehensive, presenting a wealth of important and convergent evidence, and provides an excellent point of departure for further research. However, the authors' evidentiary grasp exceeds the explicatory capacity of the proposed model. Greater genotypic and phenotypic precision would significantly enhance its predictive power.

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Trayama, Yoga, and Ade Adhari. "Evidence of Authentic Deeds in Civil Disputes Related to Nominee Agreements on Ownership of Land Title Certificates." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam 17, no. 1 (2025): 1–14. https://doi.org/10.32505/jurisprudensi.v17i1.10550.

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Ideally, in civil disputes related to nominee agreements regarding ownership of property certificates, the authentic deed can serve as a strong tool to ensure the validity of legal transactions. However, in reality, the implementation of authentic deeds is often hindered by doubts regarding their validity and compliance with applicable legal regulations, especially when involving foreign nationals (WNA) in land transactions. The aim of this research is to analyze the evidentiary power of authentic deeds in civil disputes involving nominee agreements on property ownership certificates and asses

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Yudan Fajar Mahendra. "Hak Ingkar Sebagai Alasan Pembenar Dihadapan Persidangan Pidana Bentuk Perlindungan Hukum Jabatan Notaris." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 2 (2024): 88–111. http://dx.doi.org/10.59059/mandub.v2i2.1163.

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Notary is a public official who has the authority to make authentic deeds. Authentic deeds have formal functions that cannot be carried out by other public officials, so they have strong evidentiary power. In relation to this background, the author considers the following issues: the responsibility and legal protection of notaries for the deeds they make. The method used in this research is normative research using the technique of collecting legal materials through literature study, using primary and secondary legal materials. The results of the research show that the elements of the criminal

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Halil, Elsa Aulia, Djumardin Djumardin, and Hirsanuddin Hirsanuddin. "Notary Responsibility for Security Deposit in Sale and Purchase of Land for Investment." Ranah Research : Journal of Multidisciplinary Research and Development 7, no. 4 (2025): 2355–64. https://doi.org/10.38035/rrj.v7i4.1619.

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This research aims to explain the authority of notaries in terms of buying and selling land for investment and analyze the form of notary's responsibility if proven to have committed a criminal act against security deposits in terms of buying and selling land for investment. The research method used is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research can be concluded that the Notary who receives the deposit money indirectly becomes a party to the deed he makes himself, because a deposit agreement arises between the Notary a

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Bong, Hendri Susanto, Vidhitasmoro Hugo, Erlyn Gladys Lumempouw Karina, Onlyvia Citara Dewi Rosalia, and Sundari Elisabeth. "The Evidentiary Power of the Deed Made Electronically by the Land Deed Officials." International Journal of Social Science And Human Research 06, no. 02 (2023): 794–800. https://doi.org/10.5281/zenodo.7598704.

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The Indonesian government has passed Law 11 of 2020 on Job Creation to improve the investment ecosystem. The changes include the making of a deed of transfer of land rights, which has been made on the condition that the parties must appear before the Notary as land deed officials in person, to be made in electronic form. This step is not accompanied by an amendment to Article 5 paragraph 4 letter (b) of Law 11 of 2008 concerning ITE, which still determines that the provisions regarding ITE do not apply to letters and documents which according to the Law must be made in the form of notarial dee

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Silooy, Ester, and Elfrida Ratnawati Gultom. "SERTIFIKAT BUKAN HAK MUTLAK DALAM KEPEMILIKAN TANAH Kajian Putusan No.1333/Pdt.G/2021/PN.Tng." Ensiklopedia Education Review 6, no. 2 (2024): 65–73. http://dx.doi.org/10.33559/eer.v6i2.2577.

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The independence of judges in examining and deciding a case reflects the characteristics of a legal state, but this independence sometimes needs to match what is expected. Seekers of justice initially had the enthusiasm to find a sense of justice in the judiciary, but the reality was far from expectations. Sometimes, professionals are disappointed with the background of the knowledge they study because it is contrary to reality. What is the evidentiary strength of the certificate as an authentic deed, and did the panel of judges consider the formal evidentiary aspects in handling case No.1333/

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Herliyani, Herliyani. "Implikasi Hukum dan Kekuatan Pembuktian Akta Jaminan Fidusia yang Penandatanganannya Tidak Dilakukan di Hadapan Notaris." Jurnal Officium Notarium 3, no. 2 (2023): 154–64. http://dx.doi.org/10.20885/jon.vol3.iss2.art6.

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Notaries must sign the deed in front of the parties and witnesses, but in practice this signing is often not done in front of the parties and witnesses, giving rise to legal implications. This research discusses the legal implications of signing a deed that is not carried out in the presence of a notary and the evidentiary strength of a fiduciary guarantee deed whose signing is not carried out in the presence of a notary. The research method used is normative research, using a statutory approach and a conceptual approach, using secondary data which will be analyzed using descriptive analysis.

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Daffa, Muh Faraz, Sufirman Rahman, and Abdul Qahar. "Kekuatan Pembuktian Tanda Tangan Elektronik sebagai Alat Bukti dalam Perkara Perdata." Journal of Lex Philosophy (JLP) 4, no. 1 (2023): 205–21. http://dx.doi.org/10.52103/jlp.v4i1.1499.

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Tujuan penelitian menganalisis kekuatan pembuktian tanda tangan elektronik sebagai alat bukti dalam perkara perdata. (2) Untuk mengetahui dan menganalisis faktor-faktor apakah yang mempengaruhi kekuatan pembuktian tanda tangan elektronik sebagai alat bukti dalam perkara perdata di Pengadilan. Penelitian ini menggunakan metode pendekatan yuridis normative dan yuridis empiris. Hasil penelitian ini menunjukkan bahwa: (1) kekuatan pembuktian tanda tangan elektronik belum memiliki nikai pembuktian sempurna tetapi diakui eksistensinya, dan dalam praktiek peradilan mempunyai kekuatan pembuktian bebas

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Nur Vikron P, Ahmad. "Akibat Hukum Pembiayaan dengan Akad Musyarakah Mutanaqishah yang dilaksanakan Secara di Bawah Tangan." Jurnal Officium Notarium 3, no. 2 (2023): 183–93. http://dx.doi.org/10.20885/jon.vol3.iss2.art9.

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Financing can be done using various types of contracts, one of which is: the musyarakah mutanaqishah contract. The agreement that arises from the contract is stated in the deed. Deeds consist of 2 (two) forms, namely authentic deeds and private deeds. An authentic deed provides perfect evidentiary power, while a private deed does not have perfect evidentiary power. Ideally, financing is carried out with an authentic deed. However, in practice, financing still occurs with a musyarakah mutanaqishah contract which is carried out privately, and then legalized before a notary. Based on this, it is

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Nurlaela, Siti Chusnul, and Boy Nurdin. "The Power of Proving the Testimony of a Child Without Being Sworn in Proving the Indictment of the Crime of Child Intercourse." Rechtsnormen: Journal of Law 2, no. 4 (2024): 444–57. https://doi.org/10.70177/rjl.v2i4.1652.

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Background: The testimony of children in criminal cases, particularly in cases of child intercourse, often presents significant challenges in Indonesia’s legal system. The issue arises when children provide testimonies without being sworn in, raising questions about their evidentiary value. Despite existing legal provisions, the criminal justice system faces difficulties in balancing the protection of children’s rights and ensuring the credibility of their testimonies. Objectives: This study aims to analyze the evidentiary power of child testimony without an oath in proving the indictment of c

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Alpidoh, Intan, Lia Amaliya, and Muhamad Abas. "The Strength of Private Agreements on the Division of Joint Assets Before Divorce and Their Consequences in Joint Asset Claims." Ipso Jure 1, no. 7 (2024): 1–10. http://dx.doi.org/10.62872/wgvzwx41.

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The purpose of a marriage bond is to form a household that is sakinah mawadah warrahmah that lasts until the end of life. However, often this goal cannot be realized due to various kinds of conflicts in a marriage bond that eventually results in divorce. The end of the marital relationship due to divorce does not necessarily solve problems between divorced husband and wife, sometimes new conflicts arise after the occurrence of divorce, including regarding common property that is contested through a Joint Property Lawsuit. One way to anticipate the emergence of such conflicts is to make a Prenu

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Wulandari, Dwi Retno. "The Legal Position Of Electronic Medical Recording As An Evidence At The Court." Ius Poenale 2, no. 1 (2021): 31–44. http://dx.doi.org/10.25041/ip.v2i1.2209.

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This research aimed to analyze the position of electronic medical records and as evidence in court. The research method uses a normative juridical approach. To obtain an overview of electronic medical records as evidence in court, the legal materials collected are qualitative data. Any electronic evidence can be used as evidence if it meets formal and material requirements, as regulated in Article 5 paragraph (4) of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Electronic medical records have an essential role in health services and law enforcement efforts

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Rini, Indrati, and Soesi Idayanti. "Impact of Electronic Agreements from the Viewpoint of the Indonesian Civil Code." International Journal of Science and Society 3, no. 2 (2021): 352–59. http://dx.doi.org/10.54783/ijsoc.v3i2.346.

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There are often legal problems, both concerning issues of authenticity, authenticity and proof because there is no law that specifically regulates personal data of agreement users via electronic means. The problem raised is how the problem of the authenticity, authenticity and integrity of the agreement electronically and how the validity of an agreement made electronically. The research method that the author uses is normative qualitative by using secondary data and reinforced by primary data or field data. The results of the study show that the authenticity, authenticity and integrity of the

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Waddell, Earl R., and Tracy L. Abell. "A New Evidentiary Standard for Criminal Appellate Review: Clewis v. State." Texas Wesleyan Law Review 3, no. 2 (1997): 235–81. http://dx.doi.org/10.37419/twlr.v3.i2.1.

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In Clewis v. State, the Texas Court of Criminal Appeals finally addressed the conflict regarding proper appellate review of factual sufficiency of the evidence. The Clewis decision adopted Stone and established, for the first time since the 1981 amendments, the constitutional power and duty of the courts of appeals to review the factual sufficiency of the evidence in appropriate cases. In attempting to predict the effect of Clewis on review of noncapital criminal cases in the courts of appeals and death penalty Cases in the Texas Court of Criminal Appeals, this article examines the historical

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Rini, Indrati. "The Evidentiary Power of an Authentic Deed Buying and Selling Land in the Digital Age." East Asian Journal of Multidisciplinary Research 2, no. 7 (2023): 2741–48. http://dx.doi.org/10.55927/eajmr.v2i7.5301.

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Land sale and purchase transactions are one type of agreement that is regularly carried out by members of the community. As evidence of the existence of a land sale and purchase agreement, it must be accomplished by the parties in front of an authorized official, specifically a Notary / Land Deed Official. In order to ensure legal certainty over the transfer of property rights to land, it is written in the form of an authentic deed. It is aimed for the validity of land ownership, proof of ownership of property rights is required. In practice, there are frequently cases related to land sale and

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Sari, Defita Permata. "Wasiat Yang Ideal Dalam Ruang Lingkup Hukum Pembuktian di Indonesia." Jurnal Officium Notarium 4, no. 1 (2024): 1–12. http://dx.doi.org/10.20885/jon.vol4.iss1.art1.

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Regarding wills, there are fundamental differences between the Civil Code and the Compilation of Islamic Law. The difference is in the will made without a Notary deed or orally which is recognized in KHI, but not recognized in the Civil Code because it is not written and not made before a Notary. Whereas the issue of wills in inheritance is very vulnerable to disputes between heirs, where later the evidentiary power of the will is very decisive for the settlement of disputes that occur. Dispute resolution is closely related to evidence. The difference makes many parties, especially heirs, a di

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Hapsari, Sawin Dwi. "Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners." Jurnal Akta 7, no. 3 (2020): 317. http://dx.doi.org/10.30659/akta.v7i3.11283.

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Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually ca

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PARNHAM, DAVID. "John Cotton Reconsidered: Law and Grace in Two Worlds." Journal of Ecclesiastical History 64, no. 2 (2013): 296–334. http://dx.doi.org/10.1017/s0022046912000693.

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Scholarly accounts of John Cotton's pre-migration divinity focus upon its legalism. Cotton's Old-World voice speaks with the law-mindedness of the ‘precisianist’ and the ‘experimental predestinarian’. Cotton, moreover, is said to have made a ‘radical change’ when, in Massachusetts, he renounced the law's ‘power’. Legalist therein becomes solifidian. Such a view fails to account for the very particular nature of Cotton's Old-World evocations of the moral law. Cotton was a diffident legalist in old Boston. A flirtation with the covenant of works momentarily roused the power of the moral law, but

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Nur Indah Utami, Ferryani Krisnawati, and Suryati. "Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp)." Wijayakusuma Law Review 5, no. 1 (2023): 47–53. http://dx.doi.org/10.51921/wlr.qn6xvg22.

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The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants fromadoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Datasources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiarylegal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussionregarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Num

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Alghamdi, Jumana. "The Evidentiary Value of the Final Discharge of the Worker’s Entitlements under the Saudi Labor Law." International Journal of Law Research and Studies 4, no. 4 (2025): 8–37. https://doi.org/10.59992/ijlrs.2025.v4n4p1.

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This research examines and analyzes the evidentiary value of the final discharge of the worker’s entitlements under the Saudi Labor Law, considering the practical challenges posed by this document at the termination of the employment relationship. The study focuses on highlighting the tension between the evidentiary weight attributed to the discharge on one hand, and the protective nature of the Labor Law on the other, revealing points of conflict between the binding power of the signed discharge and the distinctive nature of labor relations that require special safeguards to protect the worke

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Cavaco, Bruno. "Procedimentos probatórios autônomos como instrumentos de acertamento fático e fomento ao consenso – breve análise das inovações trazidas pelo art. 381 do novo Código de Processo Civil." Revista da Procuradoria Geral do Município de Niterói 1, no. 1 (2022): 471–99. http://dx.doi.org/10.52028/rpgmnit.v1i1.19.

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This paper aims at analyzing the of the expected expressed by the New Code of Civil Procedure of so-called autonomous evidentiary procedures directed to the factual certification and consensus and its interface with the process cooperative model brought by the new code. Similarly, it is intended to be examined whether such figures, as erected by the new civil procedure code, follow the trend observed in comparative law, and even if such devices will have the power to at least mitigate the entrenched culture of compulsive judicialization of conflicts that characterize the Brazilian state jurisd

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Makarevskaya, Yu E. "The Practice of Applying Vector Environment Modeling in Expert Psychological Studies." Herald of Omsk University. Series: Psychology, no. 4 (2019): 25–28. http://dx.doi.org/10.24147/2410-6364.2019.4.25-28.

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The article substantiates the use of the vector environment modeling method in expert-psychological studies in civil cases concerning the determination of the place of residence and / or the order of communication with a child (Articles 65, 66, 67 of the Family Code of the Russian Federation). Vector modeling of the family environment provides an opportunity to obtain empirical data about the views of parents and children in relation to a specific family environment. The technique is easy to use, logically and methodologically justified, therefore evidentiary power and verification of conclusi

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Arwinilita, Bella, Siti Anggraini, Dwi Wisnu Wardana, Asep Hermawan, and Setiawan Widiyoko. "SEPARATION AGREEMENT ASSET FOR INDONESIAN CITIZENS MARRIED ABROAD." Jurnal Pembaharuan Hukum 8, no. 1 (2021): 1. http://dx.doi.org/10.26532/jph.v8i1.13734.

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Legal protection in agreements on the separation of assets in marriage between Indonesian citizens and foreign citizens as well as analyzing the authority of a notary in making an agreement on the separation of assets in marriage between Indonesian citizens. and foreign nationals. This research uses empirical normative research. The approach method used is a statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage contract can provide legal protection for the party who made it. The agreement deed made in the not

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Arwinilita, Bella, Gunarto Gunarto, and Anis Mashdurohatun. "Implementation of Deep Assets Separation Agreement of Indonesian Citizens Who Marriage with Foreign Citizens." Sultan Agung Notary Law Review 3, no. 1 (2021): 88. http://dx.doi.org/10.30659/sanlar.3.1.88-96.

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This study aims to analyze legal protection in the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign nationals and to analyze the authority of a notary on the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign citizens. This research uses empirical normative research. The approach method used is the statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage agreement can provide legal protection for the parties

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Darma, Rama Eka. "The Effectiveness of the Evidentiary Strength of Children’s Testimony as Victims of Violence in the Criminal Justice System." Sovereign: International Journal of Law 5, no. 3-4 (2023): 117–32. https://doi.org/10.37276/sijl.v5i3-4.42.

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This study aims to analyze the evidentiary strength of the statements of children in their position as witnesses to victims of violence, as well as the factors that influence the course of the trial. This research was conducted in Makassar City to be precise at the Makassar Police and Makassar District Court. Data collection techniques used in this study were interviews, documentation, and literature study. The data analysis technique used is qualitative data analysis techniques. The power of proof of testimony of children as victim witnesses is based on the evidentiary provisions in Law Numbe

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حيمي ، فدوى. "القوة الإثباتية للتصريح الجبائي أمام الإدارة = The Evidentiary Power of the Tax Declaration before the Administration". المنارة للدراسات القانونية و الإدارية, Special Issue (березень 2021): 172–99. http://dx.doi.org/10.12816/0058746.

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Aljinović, Nevena. "UTJECAJ ODLUKA I NAČELA EUROPSKOG SUDA ZA LJUDSKA PRAVA NA UREĐENJE INSTITUTA POSEBNIH DOKAZNIH RADNJI U UJEDINJENOJ KRALJEVINI S POSEBNIM NAGLASKOM NA PRESRETANJE KOMUNIKACIJA." Pravni vjesnik 38, no. 2 (2022): 75–95. http://dx.doi.org/10.25234/pv/16994.

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In the United Kingdom, the regulatory mechanism for intercepting communications has undergone substantial changes in the last few decades. Until the European Court of Human Rights (ECtHR) judgment in the Malone case (1984), in which it found a violation of the right to protection of private and family life pursuant to Art. 8 of the European Convention for the Protection of Fundamental Rights and Freedoms (ECHR), the United Kingdom did not have a concise legislative framework governing the interception of communications. Legislative frameworks governing the subject matter have also been changed

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Hugo, Vidhitasmoro S.H., C. Kastowo S.H. M.H. Dr., and E. Sundari S.H. M.Hum. Dr. "The Power of Proof of an Online Arisan Agreement in the Verdict of PKPU Number 10/Pdt-Sus-PKPU/2021/Pn.Smg in Accordance with the Theory ofLegal Positivism and Justice." International Journal of Social Science and Human Research 07, no. 04 (2024): 2484–91. https://doi.org/10.5281/zenodo.10984242.

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This thesis is entitled "The Strength of Proof of Online Arisan Agreements in PKPU Decision Number 10/Pdt-Sus-PKPU/2021/PN.Smg Seen from the Theory of Legal Positivism and Justice". This thesis aims to find out and examine the strength of proof of online agreements via the WhatsApp application in terms of the theories of positivism and justice as well as to find out and examine procedural law reforms that are needed to accommodate the use of technological means as evidence in business/business relationships. This research is normative legal research with a conceptual approach and statutory reg

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Jamil, Ahmat, Andi Tira, and Abdurrifai Abdurrifai. "ANALISIS YURIDIS KEKUATAN HUKUM RINCIK DALAM PEMBUKTIAN HAK MILIK ATAS TANAH." Clavia 22, no. 3 (2024): 293–304. https://doi.org/10.56326/clavia.v22i3.5444.

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Penelitian bertujuan untuk mengetahui kekuatan pembuktian rincik sebagai alat bukti kepemilikan atas tanah dan menganalisis pertimbangan hukum hakim dalam putusan perkara perdata Nomor 378/Pdt.G/2023/PN Mks. Metode penelitian yang penulis gunakan metode penelitan normatif-empiris. Hasil penelitian menunjukkan bahwa kekuatan pembuktian rincik sebagai bukti kepemilikan atas tanah akan memiliki pembuktian yang kuat sepanjang rincik itu terdaftar dalam buku F dan buku C yang ada di kantor Kelurahan atau di kantor Desa. Sehingga dapat dijakian dasar sebagai bukti kepemilikan dan dipergunakan untuk

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Caprasse, Olivier, and Maxime Tecqmenne. "The Evidence of Corruption in Investment Arbitration." Journal of International Arbitration 39, Issue 4 (2022): 519–48. http://dx.doi.org/10.54648/joia2022023.

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A great deal has been written over the years about the evidence of corruption in international arbitration. In that context, this article offers a timely analysis of some of the most contentious rules and principles applicable in relation to the evidence of corruption allegations in investment arbitration. On the basis of an assessment of forty investment awards dealing with corruption, it is demonstrated that it matters relatively little which standard of evidence is applied by arbitral tribunals. The arbitral practice also reveals that, in recent years, arbitrators have come to rely more hea

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Liboiron, Max, Manuel Tironi, and Nerea Calvillo. "Toxic politics: Acting in a permanently polluted world." Social Studies of Science 48, no. 3 (2018): 331–49. http://dx.doi.org/10.1177/0306312718783087.

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Toxicity has become a ubiquitous, if uneven, condition. Toxicity can allow us to focus on how forms of life and their constituent relations, from the scale of cells to that of ways of life, are enabled, constrained and extinguished within broader power systems. Toxicity both disrupts existing orders and ways of life at some scales, while simultaneously enabling and maintaining ways of life at other scales. The articles in this special issue on toxic politics examine power relations and actions that have the potential for an otherwise. Yet, rather than focus on a politics that depends on the ca

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