Juridical Analysis of the Use of Information/Electronic Documents as Evidence in Criminal Law Enforcement (Case Study Decision Number: 192/Pid.B/2023/PN Btm)

Abstract

The background to writing this thesis is about: proof of criminal acts has been regulated in Article 183-Article 189 of Law Number 8 of 1981 concerning the Code of Criminal Procedure (KUHAP). A new thing emerged after the issuance of the Information and Information Technology Law on electronic evidence, the debate about electronic evidence was seen in the decision of the Constitutional Court No. 20/PUU- XIV/2016, which stated that electronic evidence should be seen as complementary legal evidence to evidence that has been known in procedural law. The results showed that the legal regulation for the use of electronic information/documents as evidence in criminal law enforcement, namely Article 5 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) which regulates that electronic information and/or electronic documents and/or printouts are valid evidence in the judicial process. The implementation of the use of electronic information/documents as evidence in criminal law enforcement in the case of Decision Number: 192/Pid.B/2023/PN-Btm can be used as evidence recognized in trials, but it is necessary to ensure the authentication of electronic evidence with strict mechanisms because electronic evidence has a high potential for manipulation or forgery.