The Legal Power of Underhand Deeds in Civil Disputes at the District Court

Abstract

This research aims to analyze the evidentiary power of underhand deeds in the Indonesian civil law system and its implications for legal protection and certainty. Underhand deeds are one of the written evidence recognized in civil procedural law, but have weaknesses compared to authentic deeds, especially in terms of proving the validity and correctness of their contents. The research method used is normative juridical with a statutory approach and case studies of relevant court decisions. The results showed that a deed under the hand has valid evidentiary power if it is signed by the parties and its authenticity is not disputed, but it is easily invalidated when its validity is disputed. This condition can lead to legal uncertainty, especially in important transactions. This research recommends formal standardization in the making of underhand deeds, increased legal education to the public, and the active role of notaries or public officials in the voluntary legalization process as an effort to strengthen its evidentiary value. The findings are expected to contribute to the renewal of civil evidentiary practices that better ensure legal protection and certainty for the parties.