The Validity of Electronic Evidence in Indonesian Criminal Procedure

Abstract

Proof is an important stage in the examination of a case in court, because it determines whether a person is charged with guilt or innocence. So in conducting a case examination, the most important stage is proof. Legal evidence in Indonesia is evidence that is only regulated in Article 184 paragraph (1) of the Criminal Procedure Code. Electronic evidence arising from the crime of misuse of technology is evidence that is not regulated in the Criminal Procedure Code. The purpose of writing is to determine the validity of electronic evidence in Indonesian Criminal Procedure Code and to be able to determine the strength of electronic evidence in proving criminal procedural law. In this study, this type of research was used with normative law, which was carried out using a statutory approach and analyzing legal concepts. This research is complete because it uses primary and secondary legal materials, uses library research techniques so that the legal materials are collected and the legal materials are analyzed using description and evaluation techniques. From the results of this study, electronic evidence is qualified as legal evidence, electronic evidence can be said to be the same as evidence regulated in the Criminal Procedure Code, namely documentary evidence and evidence instructions and also confirmed in the Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions that the strength of proof is able to equate the strength of evidence with letters and instructions, but this is a judge who is not bound, which means he is free to assess the strength of evidence.