A Juridical Review of the Evidentiary Weight of Witness Testimony in Civil Cases at the Sengkang District Court

Abstract

This study examines the legal position and evidentiary weight of witness testimony in civil proceedings and identifies factors that influence judicial assessment of such testimony. It adopts an empirical legal approach combining statutory analysis with interviews with a judge of the Sengkang District Court and an advocate. The empirical findings presented in the manuscript are based on interviews with two informants conducted in May 2026. The findings indicate that witness testimony is a recognized means of evidence in Indonesian civil procedure, but its probative value is not absolute. Judicial assessment should consider the source of a witness’ knowledge, the reasons and manner in which the witness learned of the event, consistency, the witness’s relationship with the parties, and corroboration by other evidence. Articles 169 and 171 of the HIR and Articles 1905, 1907, and 1908 of the Indonesian Civil Code emphasize that a single witness cannot ordinarily stand alone and that a witness must explain the basis of their knowledge. Testimonium de auditu does not, in principle, meet the requirement of direct personal knowledge and must be assessed in light of the applicable procedural rules and relevant Supreme Court jurisprudence. The study highlights the need for contextual, reasoned, and holistic judicial evaluation of witness testimony.