THE POWER OF EVIDENCE OF AUTHENTIC DEEDS IN CIVIL DISPUTE SETTLEMENT IN COURT

Abstract

This study discusses the evidentiary power of authentic deeds in resolving civil disputes in Indonesian courts. Authentic deeds, as regulated in Article 1868 of the Civil Code, are written evidence that has perfect evidentiary power in matters carried out and witnessed directly by authorized public officials. In judicial practice, authentic deeds are often submitted as the main evidence, especially in cases of debt agreements, sales, leases, and inheritance. However, the application of the evidentiary power of authentic deeds often raises debate among judges, practitioners, and academics, especially regarding the extent to which the binding power of authentic deeds applies formally and materially.

This study uses normative legal research methods, with a statutory, conceptual, and case approach. The analysis was conducted on the Civil Code, the Notary Law, the Electronic Information and Transactions Law, and Supreme Court decisions. The results of the study indicate that, although authentic deeds provide evidentiary advantages, their application in court is not absolute. Judges still have discretion to assess the material and formal truth of the deed, and consider factors such as formal defects, the substance of the statement, and the validity of the parties' wishes.

In addition, the development of legal digitalization presents new challenges related to the recognition of electronic deeds as evidence. Therefore, comprehensive regulatory updates, increased notary competence, and consistent application of jurisprudence are needed so that the evidentiary power of authentic deeds can more effectively guarantee legal certainty in the modern era.