Legalitas Alat Bukti Elektronik Dalam Sistem Peradilan Pidana

Insan Pribadi
2018 Jurnal Lex Renaissance  
When a perpetrator of cybercrime is examined for a case settlement, the Criminal Procedure Code (KUHAP) has not clearly regulated the arrangement of electronic evidence as valid proof of evidence. What is the legality of electronic evidence in the criminal justice system? To answer this question, the researcher examined the subject matter using a normative juridical approach by analyzing the problem from the perspective of or according to existing regulations or laws, papers, articles,
more » ... e, and research findings as well as other scientific works related to this study. The Criminal Procedure Code has not explicitly regulated valid electronic evidence, which is related to the principle of legality in Law No. 11 of 2008 on Electronic Information and Transactions Article 54 Paragraph (1); therefore, electronic data can be used as valid evidence. The legality of electronic evidence is also stated in Electronic Information and Transactions Law in Chapter III about Information, Documents, and Electronic Signatures as well as the explanations of Article 44 and Article 5 of Electronic Information and Transactions Law. Referring to the stipulation as regards proof of evidence in the Criminal Procedure Code, a testing instrument must be available for electronic evidence to be declared valid at the trial, which is the same as other evidence that includes formal requirements and material requirements.
doi:10.20885/jlr.vol3.iss1.art4 fatcat:6oj7ilkl7vf77dp3fzk2sidi6y