NILAI DAN KEKUATAN PEMBUKTIAN ALAT BUKTI TESTIMONIUM DE AUDITU PADA PERKARA PERBUATAN MELAWAN HUKUM DALAM PERKARA Nomer 211/Pdt.G/2023/PN.Kpn.

Every action that causes harm to others and requires the guilty party to pay compensation is known as an unlawful act. In procedural law, evidence plays a very important role. Examples of evidence that can be submitted include witness testimony. A witness is a person who provides information in court under certain conditions about events or circumstances they have directly seen, heard, or experienced. However, what happens if the witness did not directly see or experience the event but only heard the story from someone else? This study aims to examine the value and probative strength of Testimonium De Auditu in lawsuits involving unlawful acts in case No. 211/Pdt.G/2023/PN.Kpn. The research is a type of empirical legal study, also known as field research, using a sociological legal approach. Based on the results of the research and analysis, it is concluded that the value and probative strength in procedural law are discretionary and subject to the judge's consideration, including for testimonium de auditu. The overall findings of the study indicate that hearsay testimony, in principle, cannot be used as formal evidence because it does not comply with the provisions of Article 171 of the HIR and Article 1907 of the Indonesian Civil Code (KUHPerdata).