HUKUM PEMBUKTIAN PERDATA KETERANGAN AHLI: STUDI PERBANDINGAN HUKUM INDONESIA DAN AUSTRALIA

Abstract

The aims of this research are to learn about the principles of expert evidence in Indonesian and Australian civil law, as well as the lessons that Indonesia may learn from Australian law regulating expert evidence in civil cases in order to optimize the enforcement of evidence law in Indonesia. This research is normative jurisprudence that applies comparative approaches, legislative-regulatory approaches, and case approaches. This research utilizes secondary data, covers primary and secondary legal materials collected through library studies, and is analyzed qualitatively and descriptively. The results of the research show that there are similarities and differences in the law of proofing scientific evidence in Indonesia and Australia that are exposed through civil environmental cases. The equation that is obtained lies in several aspects, one of which is the standard of balanced probability applied in Indonesia and Australia. The discrepancies found lie in several aspects, namely the validity conditions of expert written reports, expert ethics codes, and ways of settling differences of opinion that are not regulated in Indonesia and have been regulated by Australia. The emerging differences can be a lesson for Indonesia by considering the opportunities and challenges of implementation.