The burden of proof is the obligation of a party in litigation to establish the facts on which it relies. It answers two questions: who must prove a fact, and to what standard.
The Legal and the Evidential Burden
Common law systems distinguish the legal burden, which is the obligation to prove a fact to the required standard, from the evidential burden, which is the obligation to produce enough evidence to raise an issue at all.
Standards of Proof
In civil cases in England, facts must be proved on the balance of probabilities, meaning that they are more likely than not. In criminal cases the prosecution must prove guilt beyond reasonable doubt, so that the tribunal is sure.
In Indonesian Civil Procedure
Article 1865 of the Indonesian Civil Code and Article 163 of the HIR provide that whoever asserts a right, or relies on a fact to support a right or to refute another's right, must prove that right or fact. The judge allocates the burden fairly between the parties according to the circumstances.
In Indonesian Criminal Procedure
The public prosecutor bears the burden. Article 183 of the Code of Criminal Procedure prohibits a judge from convicting unless at least two valid items of evidence have produced the judge's conviction that the offence occurred and that the defendant committed it. Certain statutes create a reversed or shared burden on specific issues, such as the origin of assets in corruption and money laundering cases.