EXISTENCE OF SCIENTIFIC EVIDENCE IN EVIDENTIARY LAW

Rahmida Erliyani (), M. Hadin Muhjad () and M. Erham Amin ()
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Rahmida Erliyani: Lecturer of Litigation, Lambung Mangkurat University, Banjarmasin, South Kalimantan, Indonesia
M. Hadin Muhjad: 2Profesor of Administrative Law, Lambung Mangkurat University, Banjarmasin, South Kalimantan, Indonesia
M. Erham Amin: 3Lecturer of Litigation, Lambung Mangkurat University, Banjarmasin, South Kalimantan, Indonesia

Economics & Law, 2021, vol. 3, issue 1, 64-76

Abstract: Environmental cases are often decided by decision of exemption because the evidence is scientific. The Criminal Procedure Code (KUHP) still adheres to conventional evidence. The judge did not receive scientific evidence. Even though, the environmental cases will not be completed without scientific evidence. Normative legal research methods are used, because scientific evidence is contained in laws and regulations including the Criminal Procedure Code. Legal materials collected were analysed to answer the problem. Legal analysis of norm obscurity is carried out by law interpretation while legal vacancies are carried out by legal construction or rechtsvinding. The results showed that environmental cases in the form of pollution and environmental damage were only proven by scientific evidence, which was an extension of evidence in the Criminal Procedure Code, which had an impact on the procedural Burden of Proof, namely the position of evidence. Scientific evidence does not stand alone but follows one of the legitimate evidences, namely expert information or proof of evidence or evidence.

Keywords: scientific evidence; proof law; existence (search for similar items in EconPapers)
JEL-codes: K00 K15 K32 K40 (search for similar items in EconPapers)
Date: 2021
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http://el.swu.bg/ikonomika/volume-3-issue-1-2021/1077-2/ (text/html)

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Persistent link: https://EconPapers.repec.org/RePEc:neo:ecolaw:v:3:y:2021:i:1:p:64-76

DOI: 10.37708/el.swu.v3i1.5

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