A study on the transmission of laboratory test as scientific evidence in the judicial process of civil environmental justice cases in Indonesia. Issue 5 (1st November 2022)

• Record Type: Journal Article
• Authors: Ikhwansyah, Isis; Aminudin, Cecep; Dewi, Kania; Fakhriah, Efa Laela; Nurlinda, Ida
• Is Part Of: Environmental forensics. Volume 23:Issue 5/6(2022)
• Page Start: 502
• Page End: 510
• Publication Date: 2022-11-01
• Subjects: Laboratory test result -- scientific evidence -- civil environmental justice -- Indonesia; Environmental forensics -- Periodicals; Pollution -- Measurement -- Periodicals; Environmental law -- Periodicals; Enquêtes environnementales -- Périodiques; 363.25945
• DOI: 10.1080/15275922.2021.1913673
• Languages: English
• ISSNs: 1527-5922

Abstract

Abstract: Laboratory test reports are often used as one of the pieces of evidence needed in proving civil environmental justice cases. This study analyses court decisions and their ability to elaborate problems in transmitting these reports as scientific evidence in such cases in Indonesia. They can be qualified as written and expert testimony evidence, with their use left entirely to the judge's discretion. Furthermore, in judicial practices, judges' criteria in assessing these reports are formality and relevance. Conclusively, the research found that the report's relevance, which included validity and reliability, and support from expert testimonies, are critical points in their use as valid legal evidence with probative value in justice cases.