E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law

Abstract

The existence of electronic information electronic documents has been recognized as valid evidence and is a continuation of the evidence in the applicable Procedural Law in Indonesia, that electronic information and/or electronic documents use electronic systems with the provisions of Law Number 19 of 2016 which amends Law Number 11 of 2008 concerning ITE. The writing focuses on highlighting two legal issues related to the submission of electronic evidence in the e-court evidentiary system, namely regarding the problems faced in efforts to legitimize electronic evidence in proving a case and a proportional mechanism facing the problem of the legitimacy of electronic evidence The complete discussion of electronic courts which includes the evidentiary stage has not taken place due to various obstacles, among others, regulation, availability of supporting facilities and human resources (HR). The study of this legal issue is important in order to optimize the work of electronic justice, so that the modernization of the judicial system is carried out more quickly with an IT approach, if only to realize the vision of the Supreme Court and ensure better access to justice in the future. As a result of this study, it was concluded that the validation process of electronic evidence in electronic evidence is an important stage that cannot be excluded in determining the validity of electronic evidence and the importance of strict digital judicial procedures in the process of validating electronic evidence.