IDEAS home Printed from https://ideas.repec.org/a/neo/ecolaw/v3y2021i1p64-76.html
   My bibliography  Save this article

Existence Of Scientific Evidence In Evidentiary Law

Author

Listed:
  • 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)

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.

Suggested Citation

  • Rahmida Erliyani & M. Hadin Muhjad & M. Erham Amin, 2021. "Existence Of Scientific Evidence In Evidentiary Law," Economics & Law, Faculty of Economics, SOUTH-WEST UNIVERSITY "NEOFIT RILSKI", BLAGOEVGRAD, vol. 3(1), pages 64-76.
    • Handle: RePEc:neo:ecolaw:v:3:y:2021:i:1:p:64-76
    DOI: 10.37708/el.swu.v3i1.5
    as

    Download full text from publisher

    File URL: http://el.swu.bg/wp-content/uploads/2021/06/EXISTENCE-OF-SCIENTIFIC-EVIDENCE-IN-EVIDENTIARY-LAW.pdf
    Download Restriction: no
    File URL: http://el.swu.bg/ikonomika/volume-3-issue-1-2021/1077-2/
    Download Restriction: no
    File URL: https://libkey.io/10.37708/el.swu.v3i1.5?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    scientific evidence; proof law; existence;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:neo:ecolaw:v:3:y:2021:i:1:p:64-76. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Vladislav Krastev (email available below). General contact details of provider: https://edirc.repec.org/data/feswubg.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.